A Legal Research Of Labor Claim Priority

The problem of Creditor’s right of labor is the hot issue in the bankruptcy law. Creditor’s right of labor is an important content of protect the interests of the enterprise employees, the establishment of its priority and protection is the key of the academic circles has been research. The smooth realization of the creditor’s rights and priority of labor, is not only a simple problem of workers of the enterprise basic survival and the safeguard of the basic human rights, but also stable social order, maintaining the social security of major issue.From the value of the method of labor claim priority system has to protect the social small and weak, the vulnerable groups, guarantee their basic living rights and interests, and safeguard human rights, the significance of social stability. On the one hand, the labor claim priority system to maintain justice to all the creditor’s rights protection, promote the whole society to stress timely liquidation of creditor’s rights of labor plays an important role; On the other hand, the labor claim priority system is to adapt to the needs of the development of society, is the need of economic and social progress, is the need of work effectively protect the creditor’s rights.So this article about labor creditor’s rights in China at the beginning introduce the concept, characteristics, research status and existing problems are simply summarized. After the study of labor claims to unfold. The first part of the article, reasonable definition, basic idea, the system of creditor’s right of labor value, the social foundation are studied, such as profoundly revealed the labor claim priority for protection of research value and the value system. The second part of the article is the study of labor of creditor’s rights in China and foreign countries, compares the different provisions of the labor of creditor’s rights, so as to highlight the difference between different country, for the later labor claims system continuously perfect done theory foreshadowing. The third part of the article is the legal analysis of the labor claim priority system, profoundly reveals the effectiveness of the labor claim priority and the problem is about with other priorities at the same time exist in the process of bankruptcy proceedings who is in the first line. The fourth part is clear about even though the creditor’s right of labor is the priority of the security research significance, but is not in any case has a priority, labor claim priority needs to be limited on species, amount, procedural and legal restrictions apply. And the last part of the article is from the labor to restrict difficulties arising in the process of creditor’s rights as well as with other priority claims the solution to the conflict. To explore to promote the establishment and development of legal system of protecting creditor’s rights of labor, promote the development of the system of creditor’s rights of labor.In this dissertation, the perspective of labor protection of creditor’s rights, in the enterprise bankruptcy law, "labor law" explore labor claim priority related legal system, and the existing problems put forward some reasonable suggestions, hope to help to further perfecting of related laws.