Bankrupt Enterprise Labor Protection Of Creditor’s Rights

The bankrupt enterprise labor of creditor’s rights protection is always the legislation in China is one of the problems of world attention, at the same time is also continued failure to solve one of the problem effectively. Labor protection by the creditor’s rights legislation to the attention of the world, because of the protection of national labor claims degree directly relates to the bottom of the laborer living state. Once laborer labor claims serious violations, laborer I and supported the family the inalienable rights of life would be huge threat, and at the same time also can affect the harmony and stability of the society. Our country in2006through the new bankruptcy law, though it claims the bankrupt enterprise labor protection has made the related regulations, but its creditor’s rights to labor protection effect is not obvious, and the lack of regulations supporting system effectively support, make today labor protection of the creditor’s rights is still not get effective solution. This paper analyses the current situation of the labor protection of creditor’s rights, summarized the current labor protection of creditor’s rights the existing problems, and from bankruptcy law, labor law, social security and government regulation and so on four dimensions of the creditor’s rights of labor protection put forward some Suggestions. Paper is divided into three sections.The first part is mainly to the labor creditor’s rights a general overview. The specific connotation of creditor’s rights from labor, scope, content, legal nature and characteristics of several aspects, such as labor creditor’s rights of some related in this paper. In this part the author especially the old and new bankruptcy law of labor between creditor’s rights of different definition of labor creditor’s rights the thorough analysis, this paper is intended to the second, three parts good solid theoretical basis.The second part is mainly to the labor in the bankruptcy of the creditor’s rights under the protection of the present situation and the existing problems are analyzed and summarized. In this the author put the bankruptcy of the enterprise the whole process is divided into three link-the application for link, accepting link, liquidation link through labor protection of creditor’s rights the analysis of the current situation, and find out the labor protection of creditor’s rights in every link of the existence of the specific problem.The third part is mainly aimed at the existing problems of labor creditor’s rights protection and offers some solutions in approaches to realize the. In this part, I jump out of the previous experts and scholars in bankruptcy law only within the scope of the problem solving the Labor creditor’s rights protection immanent frame, but from bankruptcy law, labor law, social security multiple legal system, as well as the government’s supervision and so on four dimensions on labor creditor’s rights protection puts forward relevant Suggestions. So that the labor protection solutions and claims realization way more stereo, comprehensive.The author thinks that, labor protection of the bankrupt enterprise claims to want to achieve the ideal state, is not a bankruptcy law may be solved, and other supporting law, such as the labor law, social security, and the establishment of the relevant measures and cooperate with which we ought to focus on. Therefore, only to strengthen the legal system as soon as possible the construction of form a complete set and get the government to make the bankrupt enterprise with effective protection to implement labor creditor’s rights.