| Labor claim is the basis for maintaining the right of workers to survive.Whether the realization of the right to life of workers is closely related to the development of a country.So it is of great significance to maintain the labor claims.At present,although there is different understanding about the priority of labor claims from different countries in the world,generally the priority of the labor claims is recognized by all the countries.And they established the system to give the workers priority to get the compensation based on circumstances within their country.Workers wages super priority in France and common priority in Japan are very typical.Although our country also recognizes the priority of labor claims to some extent,the provisions of substantive law are scattered only in some special laws.There is no uniform stipulation.The relevant provisions in the procedural law are too vague and difficult to apply.The specific rules of different regions are different.It could produce contradictory results.Therefore,in order to ensure the priority compensation of labor claims,we should establish a unified system about implementation of priority of labor claims.In its implementation,priority compensation should be given in order,in particular,the guaranteed creditor’s rights should have the priority in some degree,and the time,duration and amount about priority of compensation should be restricted.So that it could maximally guarantee the interests of the workers,and maintain the interests of other creditors.Based on the property rights of labor claims,this paper analyzes the legitimacy of labor claims,and tries to improve the priority implementation system of labor claims in China on the basis of useful experience of other countries.In addition to the introduction,conclusion,this paper is divided into four parts:Firstly,the introduction explains the necessity of the writing this paper and the practical and theoretical significance.Secondly,it introduces the current situation and the gap between the inside and outside of the labor claims.Finally,it points out the difficulties,research ideas and research methods.The conclusion summarizes the whole paper,indicates deficiencies of my research.Pope teachers can give me criticism and suggestion.The first part is an overview of the priority of labor claims.This part first introduces the priority system.Then introduce the characteristics,nature,right attribute of labor claims,and so on.It also introduces the concept of the priority of labor claims and its nature.And finally it analyses the rationality of labor claims priority,from the right to labor claims The origin of labor claims priority to the legitimate basis,while the right from the perspective of the allocation of right to explain the rationality of the protection of labor claims.The second part focuses on the analysis of current legislative situation of priority in compensation of labor claims in China.This part first introduces the theory of right dumping disposition in China’s reality,and the second is the introduction and brief analysis of the existing laws and regulations in our country.The third part is the legislative investigation of the priority compensation of foreign labor claims.This section mainly introduces the provisions of this issue in the United Nations,Germany,France,Japan,the United Kingdom and Taiwan.The fourth part is about improving the priority implementation system of labor claims in our country.This part first analyzes the necessity of the priority implementation of labor claims in China,and then puts forward some suggestions on how to improve the priority implementation system of labor claims in China,and puts forward suggestions for perfecting the relevant supporting system. |
