The Priority Nature Of Labor Claims

Bankruptcy law of China has not come out yet. During the process of drafting, payment sequence between creditor's rights of laborer and guaranteed creditor's rights is one of the most controversial topics. Academia of China has little discussion on it, among which no satisfactory illumination on legal principles has been set forth. Rule of law that has few legal theories to support is hard to avoid running short of rightfulness. Administration of law with few legal theories to support is easily to result in confusion in application of law. The dissertation is based on researching relevant legislation, excising method of exploring principle behind regulation and technique behind regulation, combing knowledge on sociology and developing trend on modern civil law. Points of views brought forward by the author are as follows. The draft of bankruptcy law regulates that creditor's rights of laborer enjoys priority in compensation under certain condition under the principle of creditor's rights of laborer can claim compensation from the special property, which means that normally creditor's rights of laborer is repaid after guaranteed creditor's rights while creditor's rights of laborer would be repaid ahead of guaranteed creditor's rights when the property of the company is not enough to compensate the both. The draft of bankruptcy law that is a kind of incredible design on system according to realism of China has justness on legal principle. The paper also sets forth some practicalsuggestions on application of law based on academic analysis.