On The Labor Claims In The Insolvency Proceedings

The protection of labor creditor's rights has become an important problem bothering the bankrupt lawmaking in China over one decade years. All disputes concentrate on which is first between labor creditor's rights and secured creditor's rights and whose rights should be protected firstly. These disputes once rise to the height of "Whether market economic order or making people the center". Ignoring the theory problem will doubtlessly does harm to the implementation of new "Business enterprise bankrupt law" and the protection of rights related to every interests main body. This paper suggests to balance everyone's benefits for harmony on the basis of business enterprise bankrupt law implementation difficulties, claims the basic theory of labor creditor's rights including the character and scope of labor creditor's rights, focuses on the relationship between labor creditor's rights and secured creditor's rights to claim the priority and particularity of labor creditor's rights, limits the priority period scope standard of labor creditor's rights reasonably to balance the interest conflict of labor creditor's rights and secured creditor's rights, studies the establishment of uniform priority system in China, proposes to revise and improve the labor legislation to solve the problem of the protection of labor creditor's rights besides business enterprise bankrupt law from the source.