| Wage priority system is a substantive system. While the enterprises start the arrears of the salary, the employees’ legal interests can be protected by the wage priority system. Considering the deep theoretical basis and the urgent practical needs of wage priority system, many foreign countries, Hong Kong and Taiwan in China, have already made specific regulations to the wage priority system. In the mainland China, many regulations and laws of this system are demonstrated in the special laws. However, there are still many deficiencies shown in the laws and regulations of Chinese wage priority system. In this paper, comprehensive analysis method is used to analyze the wage priority system in different countries. Furthermore, the method of multi-disciplinary analysis is used to analyze the wage priority systems in different countries and the disciplines such as economics, sociology and jurisprudence are involved. In addition, the method of comparative analysis is used. The first step is to collect relevant materials and, the paper makes analysis and summaries about the current situation of Chinese wage priority system under the basis of the material gathering and collection. After some conclusions are obtained, some ideas and suggestions are given to discuss the construction of the system. The paper can be divided into four parts.In the first part, the paper discusses the theoretical basis of the wage priority system. The wage priority is a right that shall be entitled by the employees. In the civil law, the definitions of the priority can be divided into three classifications, which are the theory of first priority, the theory of priority guarantee and the theory of priority effect respectively. The theory of first priority believes that the priority shall be enjoyed under the basis of two parities agreement.the theory of priority guarantee believes that priority is a guarantee system that guarantees the special creditors will have the right to be paid in priority.the theory of priority effect believes that when there are many rights existed in one object, the right which is first established has the priory. This paper approves the theory of priority guarantee. In this sort of priority, the wage priority is used when the debtors lost their business capacity. According to relevant laws and regulations, when the capacity of debtors is lost, the labors (creditors) have the right to be paid in priority. Therefore, the wage priority is a special guarantee priority, which has the feature of legality, the feature of non-publicity as well as the feature of sequence priority. Therefore, the priority has deep theoretical basis in jurisprudence, sociology as well as economics.The second part discusses the current situations and the existing problems of the priority systems in China. The regulations about the wage priority system are only scattered in Enterprise Bankruptcy Law, Company Law, Civil Procedure Law, Maritime Law, Contract Law and Criminal Amendment Eight etc. However, there is no systematic priority system in China. In addition, this part analyzes the existing problems in the wage priority legal norm. The problems are as follow:firstly, the enterprises do their business illegally, secondly, the government does not provide enough support, and thirdly the procedures of getting employees’ wages back are too complicated. These are the reasons there are deficiencies in the wage credit. The deficiencies in wage credit are demonstrated in the following ways. Firstly, the laws are unsound. Secondly, the mechanism used to deal with wage payment disputes is not perfect. Thirdly, the supporting facilities are not perfect. Fourthly, the vagueness is existed in the inner scopes when referring to the enjoyment of wage payment priority.The third part discusses the wage priority system in both Taiwan and other foreign countries. The detailed regulations about the wage credit are given in the Wage Protection Treaty and Labor Credit Protection Treaty, which are published by International Labor Organization. In the meantime, the organization puts the wage credit to a very important position. In this part, French legislation model is introduced. In order to standardize the legislation model of wage priority, France combined substantial law and procedural law together. This mode observes the principle that the special law is superior to the general law and puts the wage priority in the first place. In Germany, the regulations about wage priority are only given in the procedural law, rather than the substantial law. The German lawmakers believe it is unnecessary to give the wage credit a too strong power, for giving too strong power to the wage credit might bring hazard to the social justice. there is no obvious features showed in the laws and regulations erected by Italy and Taiwan. The regulations are only given in their special laws. After learning the relevant laws and regulations in Taiwan and many foreign countries, the author uses the relevant materials as references. The references involve the subject scope of the wage priority, liquidation order and whether their laws and regulations are systematic.The paper discusses the construction of wage priority system protection in the fourth paper. This part illustrates that when constructing the wage priority protection systems, the principles of justice and fairness need to be observed, as well as the principle of guarantee the survival and the principle of timeliness. The author believes that the principle which is the best illustration of why the wage priority system needs to be established is the principle of guarantee the survival. Afterwards, four suggestions about China’s construction of wage priority system are given as follow. Firstly, the relevant regulations and laws need to be erected and perfected. Secondly, the law enforcement of administrative organizations needs to be strengthened. Thirdly, the mechanism used to deal with labor disputes needs to be improved. Fourthly, the supporting guarantee system needs to be established. Among these four suggestions, the perfection of labor disputes dealing mechanism and the establishment of supporting guarantee system are the most important ones and need to be positioned in the core center. |
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