The Legal Study On The Labor-credit

The Bankruptcy Law is the fundamental law of the market economy reform, and it is the important level of the development degree of a country's market economy. In order to fit in with the needs of the development of our market economy reform, our government is drawing up the new Bankruptcy Law. The draft of the Bankruptcy Law was referred to the Standing Committee of the National People's Congress for discussion in 2004. How to protect the workers' lawful rights and interests becomes the people's principle focus. For this reason, in the draft the draftsman produces the concept of labor-credit for the first time, and many related legal systems are set up. What is the labor-credit, and how to realize the labor-credit becomes one of the topics that the new Bankruptcy Law must solve. Try to find out the true answers to the two questions is also the purpose of this thesis. The thesis includes four parts.The preface explains the background of the labor-credit's production. That is the new Bankruptcy Law's drawing-up, the necessity and feasibility of the protection of the workers' rights and interests in the bankruptcy procedure.The first chapter wants to explain what the labor-credit is. It includes the concept, content and characteristic of the labor-credit.The second and third chapter explains how to realize labor-credit. The second chapter includes the trail that the labor-credit is realized in the liquidation procedure, for example, the liquidation applicability, the credit declaration, the join of the creditors' committee.The third chapter includes the trail that the labor-credit is realized in the reconciled procedure and rehabilitation procedure. There is general character and individual character between the labor-credit realization under the reconciled procedure and rehabilitation procedure and the labor-credit realization under the liquidation procedure. In this part the thesis just focuses on the individual character.