On Wages Priority In Bankruptcy Law

Wages priority as a special protection of the bankruptcy claims of corporate staff and employees to work the system, played an increasingly important role in the legal arena in the world today, As a priority in the most representative one, it effectively protect the interests of the creditors of labor. The establishment of wage priority in bankruptcy law to effectively protect people’s right to exist, especially vulnerable groups of workers the right to life, which is the protection of human rights in the Constitution in the sector law, it is conducive to spread social risk, between the interests of balance work of creditors and other creditors, safeguard social fairness and justice."Bankruptcy Law" on the arrears of wages of workers of bankrupt enterprises protection perspective, in-depth study of the legal system of wages in arrears priority, and made a number of legislative proposals, in order to hope to further improve the "Bankruptcy Law" and the Civil Code" develop benefit.Wages priority from the following aspects are described, first, the general principles of the Wages priority. The focus of this section to write the difference between the wage priority concept, features, theoretical basis and the payment of wages priority and other related rights; Theoretical basis in the wage priority, I combine the properties of both jurisprudence and legal philosophy of the right to wage priority, the scope of a comprehensive exposition, For the difference of Wages priority and other related rights, it is mainly from the priority of payment of wages and the general claims, and other security rights, and special priority compared to more clearly highlight the characteristics of the wage priority out.Secondly, Is the current Bankruptcy Act on Wages priority provisions described and raises some questions, for example:labor claims, production order need to straighten out, labor claims The scope of protection need to be clear, the creditors of the labor force participation in bankruptcy procedures need improvement and Wages priority should be subject to the restrictions and labor claims disputes, judicial relief should be strengthened.Finally, according to the above-mentioned issues, aimed to put forward some recommendations on system improvement. For example, labor claims the liquidation order, the author recommends the establishment of the labor system of notification of the claims and establish Wages priority limit the distinction between rules, In the range of labor claims, it is recommended to determine the legislative or judicial interpretation of the connotation and extension of the labor claims, Restrictions on wage priority, the author is the main priority for repayment of the time, priority for repayment of the amount and order of priority for repayment in three areas put forward their comments and suggestions.