Labor Claims The Problem - The Angle From The Bankruptcy Law

Since the establishment of a socialist market economy in China, for the Regulation of Market Economic Order and more through a variety of laws and regulations to be completed. Bankruptcy law as an important legal business out of the market rules, legal system of the socialist market economy has occupied a pivotal place in his presence, is the main body of China's socialist market economy - the final exit from the market area of the rules. "PRC Enterprise Bankruptcy Law," after more than ten years-making process, and finally is formally implemented in 2007. The reason why more than ten years of bankruptcy law-making process, mainly due to bankruptcy protection for the interests of enterprise employees.To bring the real interests of bankrupt enterprises to reasonable protection of workers, labor claims the problem has become an important issue that can not be avoided. Countries around the world have made claims for work-related provisions of the Bankruptcy Act did not directly claim the concept of the labor provisions, but in specific legal provisions, issues related to labor claims are to be embodied. Workers labor to protect the interests of creditors as an important part of the basic arguments in the academic community focused on its priority status. Many countries have adopted laws and regulations of labor claims priority, as there is no direct provision in China's national priority system.And not directly through legislation to determine the priority of labor claims, but also in bankruptcy law reflects the different levels of labor claims priority. Meanwhile, China's bankruptcy law has not recognized the labor claims full priority to a certain extent, the interests of labor claims priority to do the corresponding limit. For workers from bankrupt enterprises, the ability to successfully achieve the labor claims related to the funds for basic life and basic human rights guarantees results. This also involves the public interest, because the smooth realization of the labor claims, can guarantee the community's large working class population of personal rights and interests related to the social security question.Further improve the theme to better the stability of the social order, maintain normal social functioning. The labor claims priority, if fully occupied, will be on the market economic order requires the free and fair trade concept an impact. Because the labor claims in full priority under the premise of whether to set a security interest in the claims can produce a smooth realization of uncertain answers. Bankrupt may claim to work to achieve the realization of the collateral. This will damage the credibility of security interests, leading to a security interest in the interests of the damage, then damage to the normal trading order.Labor claims priority to a reasonable requirement, not only affirmed the effectiveness of its priorities, but also to some extent be limited. China's bankruptcy law was adopted that approach. As for the rights of workers from bankrupt enterprises, reasonable protection, you should establish a sound social security system, the social security fund and other public capital to complete. This paper claims from the above work, especially in terms of the priority of the labor claims were analyzed, compared to general, induction and deduction, analysis and synthesis and so on, demonstrate the rationality of our law, and then further to improve measures to better protection of legitimate rights and interests.The bankrupt enterprise employees rights protection is a major social problem. when the creditor's right secured creditor's rights with the bankruptcy liquidation of the line of the conflict, the legislators are faced with two rules of the select the right to give priority to the creditor's debt to work or vice versa. someone put the matter ", as this are irreconcilable." the controversy even rise to a "market economy order or people-oriented" high. Law promulgated and implemented, for labour rights and security in the bankruptcy property of being liquidated line problems still exist some dispute. to this issue further study and full protection of labour interests of creditors, security rights and interests of creditors are bankrupt, and maintaining social stability and security, transaction in the legislative process of law, are positive.A market economy system, there will be the law of the market economy is extremely important part of an economic transformation, the countries concerned, it is up to the basic law and constitutional. the enterprise bankruptcy for the work of the provisions of the position of being liquidated in its very reasonable. Labour rights in the bankruptcy property shall enjoy priority in allocation, priority is the status of workers and common interests of creditors and the secured creditor's right. how are the bankruptcy property shall be allocated to the work of the claims priority, how to balance the interests of workers and other creditor, is not only the state enterprises are bankrupt changeover prominent problems in the future, and other enterprise bankruptcy knotty problem. This theoretical analysis and test in countries legislation on the basis of practise, the creditor's right to work closely with other relevant system, the success of our existing legislation, on the analysis of the republic of the enterprise bankruptcy of the relevant issues and analyse the work of priority in the end of the legislative proposal. i believe that the future activities and the bankruptcy laws practices is very meaningful.