On The Priority Settlement Of Labor Claims In The Bankruptcy Law

In the face of the problem of “common pull” in bankrupt property,how to arrange the repayment order of labor creditor’s rights in the legislation? And how to arrange the order of repayment between labor creditor’s rights and secured claims? The scholars are controversial,if these two problems can be solved properly,It is not only important to balance the interests of creditors in bankruptcy,but also on the current process of structural reform will play an important role.In this paper,we use the method of solving the conflict of rights to determine the level of labor claims,and determine the order of priority of labor creditor’s rights in secured creditor’s rights.The given advantages of workers’ rights from the comprehensive system of protecting the rights of laborers can receive additional ways beyond the bankruptcy procedures,and the value of guarantee system for the market economy,making the liquidation order solution between the labor claims and secured claims not to be limited to the “you first and then me” way simply.So,this paper based on “the partial priority principle” designs a floating liquidation preference scheme which targets labor creditor’s rights.The repayment scheme is when the total labor claims’ settlement ratio is higher than 80%,the secured debtors have a prior status to particular estate to repay;when the total labor claims settlement ratio lower than 80%,which can divide the particular estate to make up the level of 80%.