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An Analysis Of Wage Priority Under The Perspective Of Economic Law

Posted on:2008-07-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z L YuFull Text:PDF
GTID:2166360218958047Subject:Law
Abstract/Summary:PDF Full Text Request
New Bankruptcy Law adopts the method of severance to deal with the conflict between wage priority and security interest. Assuming wage creditors are disadvantaged persons, scholars demonstrate the validity of the State interference and the effectiveness of wage priority from the perspectives of Civil Law and Labor Law, which, in the author's opinion, is far from providing a strong jurisprudence support for legal system of labors'lawful interest protection. This phenomenon should be explained through the concrete illumination about the integration of individual and overall interests stressed in Economic Law, with the hypothesis of Laboring Person as a reasoning starting point.To be concrete, wage creditors'right, on one hand, is a kind of special creditors'right, whose particularity lies in its right basis, that is, labor force right which ,as a new legal right form, pays more attention to the development interests of human beings, based on their survival interests. The survival of the owners of labor force means much to laborers and also means survival of the source of surplus value, in other words, is essential to maintenance and appreciation of property value which is realized only by labor force. Therefore, wage creditors'rights outweigh over security interests. On the other hand, Realization of individual economic interests must be in line with overall interests. Economic Law varies from public law and private law in the function of balance and coordination. In fact, the method of severance is the outcome of all interests given attention to in Economic Law.To study wage priority under the perspective of Economic Law is theoretically and practically significant. Theoretically, it helps to expand the understanding of traditional creditors'rights, promote the study on value, theory, tenet as well as other related areas of Economic Law and coordinate relevant law branches for protecting laborers'interests. Practically, it helps to protect and utilize the State labor force resources, regain and strengthen again the assumption of individual laborers and provide a new angle for tackling the difficulty in correctly dealing with bankruptcy practice during the process of justice.
Keywords/Search Tags:economic law, new bankruptcy law, right of labor force, Wage Priority
PDF Full Text Request
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