The Research On Labor-credit

Labor-credit,as a basic category,has not been proved theoretically by academic circles.Therefore,it makes a legal study on the basic problems such as its concept,the constitution of rights,the qualitative,the orientation(logical architecture),the main elements,the content and the scope of the law,to explore its deep mechanism,which is beneficial to the realization and relief of labor-credit.In the present Chinese academic circles,the concept of labor-credit is confined to the insolvency proceedings,which indirectly denies the creditor's rights of the property rights of laborers in other cases,which affects the design concept of the relevant legal system,leading to conflicting laws and regulations,making it difficult to protect labor economic rights and interests.Under the condition of socialist market economy in our country,the labor force still has the attribute of commodity,labor relations are still contractual relationship in essence.The property rights of laborers based on labor relations are still creditor's rights in nature.Because of its Special value,the labor-credit is different from the ordinary civil claims.So it is necessary to be specialized,typed and systemized,and it is called as the labor-credit.The particularity of labor-credit is mainly manifested in the nature of human nature,vulnerability,subsistence right,non-deductible,immediate payment and social rights.The contents of labor-credit include wage labor-credit,social insurance labor-credit,and compensatory labor-credit.The wage labor-credit includes the right to wage negotiations,the right to pay wages,the right to wage protection,the right to receive wages,the right to wage control,wage relief;Social insurance labor-credit includes social insurance treatment claims,social insurance treatment loss claims right and the employing unit in arrears of social insurance claims;Compensation for labor-credit,includes economic compensation labor-credit,compensation labor-credit and liquidated damages labor-credit.From the main elements of labor-credit,the subject of the right is the narrow labor of labor law,the subject of the obligation includes the subject of direct obligations and indirect obligations.In order to guarantee the labor-credit,the state bears the respect obligation,payment obligations and protection obligations.The scope of labor-credit includes:wage labor treatment,social insurance labor treatment and compensatory labor treatment.The external structure of labor-credit is composed of the status of labor-credit in the system of human rights,the system of the constitutional fundamental rights and the system of labor rights.The internal system includes the worthy structure of the wage labor-credit,social insurance labor-credit,and compensatory labor-credit.In view of the special properties of labor relationship,it is necessary to carry out the special legal protection of the labor-credit.Based on the particularity of labor-credit,legal protection of labor-credit should not only consider its creditor's rights attribute which need to treat according to the general principles of creditor's rights,and to take care of its personal nature and social rights attribute which need compulsory intervention of national public power.These basic principles should be followed:unbalanced protection principle,mandatory protection principle and priority protection principle.The legal protection system of labor-credit is mainly composed of private law protection,public law protection and social law protection.In view of the protection labor-credit in three major legal families have different limitations.Such as,in private law,civil law does not confirm the priority system of labor-credit,company law does not pay enough attention to labor-credit,enterprise bankruptcy law can't perfectly deal with protection to labor-credit,the specific scope and satisfaction order as well as the procedure rights of labor-creditor being inappropriate;In public law,the constitution has not clear rules to labor-credit and the right of social insurance,the strength of labor administrative inspection team is weak,law enforcement is limited,or even negative law enforcement,case scope of labor inspection and arbitration are overlap,the criminal constitution of crime of refusing to pay the labor remuneration in the criminal law is severe,"the malicious unpaid wages " is difficult to affirm as a crime,the scope of criminal law protection is narrow;In social law,"wage" is failed to define accurately,the payment security system of labor-credit is not perfect,the labor unions needs to be strengthened to protect labor-credit,the limitation system of labor-credit dispute arbitration needs to be improved,and the systems and mechanism about arbitration and lawsuits of dispute on labor-credit need to be optimized.Therefore,on the basis of building the legal framework of the protection of labor-credit as a whole,it is the only way to protect the labor-credit through the improvement of the legal departments and related systems in the three major legal families and full implementation of the protection of labor-credit in all its details.Such as the establishment of labor-credit priority in civil law,perfection of company law,optimization of bankruptcy liquidation sequence,protection of the labor-creditors' participation of bankruptcy proceedings,the constitution clear rules to labor-credit and the right of social insurance,the improvement of labor inspection system in the administrative law,standardization about refusing to pay the labor remuneration crime in criminal law,augment on refusing to deal with social insurance crime and refusing to pay social insurance premium,an accurate expression of the concept of wages in labor law,the establishment and perfection of the labor-credit pay system,and the optimization of the limitation system of labor dispute should to be carried out on the premise that these are going to follow the nature of labor-credit.