The Rethinking Of The Ways Of Protecting Of Tyhe Rights Of Bankrupt Enterprise's Workers Under The Conflict Of Multiplicity Of Interests

With "The People's Republic of China Bankruptcy Law" promulgated, China's enterprise bankruptcy system to be formed. The formulation of the Bankruptcy System is a reformation to the adjustment mechanism of interests, that includes not only the balance between the creditor and the debtor, but also the balance between creditors and social interests, the debtor and social interests, or even the interests of creditors mutually. In the "Bankruptcy Law" legislation, an important point contention is that the protection of the benefits of workers of the bankrupt enterprises. Long past, on the surface, the "Bankruptcy Law", which the purpose is protect creditors, shall not provide protective norm for the benefits of workers, because that is the domain of other economic law such as the social security law and other legal norms. However, it does not means that "Bankruptcy Law" is powerless or nothing to do in the protection of the benefits of workers. This paper attempts to integrate the perspective of public and private law, based on the basic principle and mechanism of bankruptcy law, through the intermediary clause, bring relevant system in relevant legislation of promoting the protection of workers rights by fixed and detailed trade, protect the benefits of workers of the bankrupt enterprises comprehensively.