On Ensuring Laborers'Pay Rights And Interests

In recent years, the phenomenon of delaying laborers' pay became serious, which extremely damaged laborers' lawful rights and interests. Thus, how to reasonably solve the problem based on the basic requirements of socialism distribution system and to ensure laborers' legitimate interests comes to be an important task in the process of reforming the economic and social system. As for the constant but unsolved problem, we should search for its reason in the perspectives of both laws and policies. It actually reflects the irregularity of system structure and the management. What's worse, sudden investigations are no more than some makeshifts. What we should do is to ensure laborers' pay rights and interests through laws, and this is the purpose of the study.The paper consists of five parts. The first part talks about the legal nature of laborers' pay rights and interests, and it makes a thorough analysis on laborers' pay preference based on completely defining the concepts of "laborer" and "pay". We exclude the over-specified definition of old times and point out that laborers are the workers regulated by labour law and enjoying all interests prescribed by Law. Then, it discusses that laborers' pay claim is the special one with priority. Through comparing three views, we come to the idea that laborer pay creditor's rights is only such the preference nature effect conduct.The second part, from the reality, analyzes the pressing present situation of ensuring laborers' pay and its profound reason. In addition, it clarifies the necessity of showing special protection on laborers' pay rights and interests.The third part, through comparison, studies the current laws related to the protection of laborers' pay rights and interests. Based on the introduction of some western laws concerned with pay rights protection, such as pay preference system, payment recognizance system and so on, we systematically study those of ours and analyze our shortcomings.The paper focuses on the fourth and the fifth parts. We discuss how to consummate the laws of protecting laborers' pay rights and interests in the aspects of Substantive Law and Procedural Law. We believe that in order to protect laborers' pay rights, we should first confirm their status in the Labor Law, prescribe pay preference system clearly in the civil laws. Besides, we should endow them with preferential effect to ordinary creditor's rights even guaranty matter authority. In the worst architecture field, we also propose relevant improvement methods. At last, in the Procedural Law part ,we stand for the legislate which reform the arbitration system of labour controversy and improve litigation programs about pay right and interests ,and exhaustively expound that we should reform arbitrate rule, harmonize arbitrate time-efficiency, invert the responsibility of supplying proof and put special time-efficiency.