Research On Priority Of Labor's Creditor's Right

In the kind of rights of priority, the priority of labor's creditor's right is the most prevalent and representative one. The priority of labor's creditor's right is acting a unique role, keeping on incarnating its particular system function, exerting the function to protecting the special creditors.The priority of labor's creditor's right belongs to the common priority, it is a legal real right that has a character of security interest. The priority of labor's creditor's right entitles labor's creditors the right that they can have the priority which means they can be discharged precede over the common creditors so much as some security interest. It can oppose the third part in conditions.From the point of view of the value of the law, the priority of labor's creditor's right takes the value to protecting live value of the human being, to preserving the social equality and justice, to protecting the puny, to dispersing the social risks, to protecting the basic human rights. According to the institutional theories of law, the priority of labor's creditor's right has the important value that it can realize justice; optimize the allocation of the risks, encourage people to supervising the discharge of the labor's creditor's right. On the basis of the sociology of law, the priority of labor's creditor's right is the social demands development and has strong social sense. Besides, the priority of labor's creditor's right has the firm social foundations.On the view of the labor's creditor's right legislated in Bankrupt Law, the paper will go deep into studying the system of the priority of labor's creditor's rights, and brings forward some suggestions of legislations. We hope it will benefit to the further perfect of Bankrupt Law of corporation, and will consummate The Law of Property and the establishment of the Civil Code.