On The Perfection Of Labor Credit Protection System In China 's Bankruptcy Procedure

From 1986’s "Official Corporate Law (Trial)" to 2006’s new "Enterprise Bankruptcy Law", China’s bankruptcy law has gone through a long process of development.The focus of debate is the constant labor creditor protection issues. Labor claims protection is of great significance for the maintenance of social justice, social order and stability. The broken investigation of labor legislation to achieve claims of various countries and regions made detailed provisions with high operability.It also has a reference for our insolvency legislative, judicial and law enforcement. Meanwhile, definition and protection of labor theorists in China has also done in-depth discussion. This has guiding significance on the introduction of the new bankruptcy law and judicial interpretation of reality operation.What is labor claims, the fact of labor claims and improving the conservation status of bankruptcy law is one of important proposition. It also is the purpose of this article, this article tries to analyze the labor claim of the insolvency proceedings from four parts.The first part describes the basic theory of labor creditor protection. Labor claims, in essence, occurs in the special creditor bankruptcy law, which is based on labor relations occurred to subsistence-based. This right is processed by bankruptcy law that gives it mandatory priority. It also requires companies pay certain money. Meanwhile, this part claims the claim’s priority status and mentions that other creditors have an impact on labor claims in the bankruptcy distribution.The second part mainly explains the theoretical basis of protection of labor in the bankruptcy debt settlement program. It provide a theoretical basis mainly from the five aspects of labor protection claims, including the theory of the weak’s protection, the theory of corporate social responsibility and the theory of synergistic protection for labor claims. These theories purpose for conservation priorities. Meanwhile the theory of transaction security and the theory of equal protection consider the protection of labor claims should be limited to a reasonable range, should not exceed the limits of necessity.The third part focuses on deficiencies of labor creditor protection in the bankruptcy settlement of proceedings, such as the wide scope of labor creditor protection, the unified protection of different labor creditor, limited exercise of democratic rights of labor creditors, the deletions of creditor protection’s procedures and the unreasonable order of estate settlement.The fourth part presents suggestions for improvement from the substantive law and procedural law, proposed to improve both efficiency and quality in the procedure of bankruptcy. The actor proposes to narrow the scope of labor claims, to protect different labor creditors in different ways, to definite labor creditors’democratic rights, to improve the procedures of labor creditor protection and to adjust estate principal repayment, and so on.