The Research Of Labor Creditor Protection In Bankruptcy Law

"Bankruptcy law" the 113 th in China arranged in the sequence of the bankruptcy property liquidation bankruptcy creditor's right of labor,which show the worker labor to the bankrupt enterprise full protection of creditor's rights and the rights and interests of laborers full attention,but as our country about the creditor's right of labor laws and regulations are not perfect,in the process of enterprise bankruptcy,the creditor's right of labor dispute have been emerge in endlessly,and into the trend of increased year by year.Therefore,solving the problems existing in the labor claims in bankruptcy proceedings,to protect the lawful rights and interests of workers is one of the important subjects need to be solved in the current bankruptcy law.This article embarks from the practice in the case,through the first part of "chongqing some pharmaceutical company bankruptcy case","ningbo a bankrupt enterprise Labour for bill" analysis,which leads to the problem of labor creditor's rights in legislation in our country,and elaborates the background,significance of this study.The second part is mainly from the perspective of theoretical research is pointed out that the concept,scope,classification of creditor's right of labor,the basic academic research such as the legislative status quo of our country.The third part mainly from four aspects to explore problems of bankruptcy creditor's right of labor in our country,such as guarantee the absolute priority of creditor's rights,labor difficulties in realizing creditor's rights;Labor claims system itself is abstract and broad,and practice operation difficulties;Labor claims related to bankruptcy procedures not perfect,make the participation of workers rights is weakened;Bankruptcy creditor's right of labor related protection system is not perfect,make workers lack the corresponding relief channels.The fourth part mainly aimed at the problem of bankrupt creditor's right of labor in our country put forward the corresponding solution measures,such as limit the guaranteed creditor's rights of priority,straighten out the labor claims and internal discharge sequence;Fill the legal loopholes,perfecting the system of the creditor's right of labor itself;Perfect the bankruptcy proceedings,such as labor creditor of the voting rights,right to know legislation;Perfecting social security system and related laws and regulations,etc.To review and summarize the full text finally,hope that through to the above question discussion,can perfect the labor legislation of creditor's rights in Chinese provide valuable reference.