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Research On The Recognizable Scope Of Creditor’s Rights Of Workers In Bankrupt Enterprises

Posted on:2020-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:W Z LiFull Text:PDF
GTID:2416330572986448Subject:Law
Abstract/Summary:PDF Full Text Request
The protection of workers’ rights and interests used to be a key issue in the drafting and implementation of the bankruptcy law.With the drafting of the bankruptcy law,the related property rights and interests of workers in the enterprise bankruptcy liquidation procedure are defined as "workers’ creditor’s rights" or "labor creditor’s rights" in theory and practice.The meaning of labor creditor’s rights is more clearly pointed to the special legal relationship of labor relations.Easy to understand.However,from the perspective of judicial practice,the court also uses the expression of employee’s creditor’s rights in the filing,trial and bankruptcy-related judicial documents,but many scholars still use the expression of "labor creditor’s rights" in theoretical research.From the perspective of practice,the author uses the expression of "employee’s creditor’s rights",which is synonymous with "labor creditor’s rights".With the continuous improvement of labor and social security system and the implementation of policy-based bankruptcy,the protection of workers’ creditor’s rights has faded out of the public’s vision in a certain period of time.However,in recent years,the efforts of dealing with zombie enterprises to resolve excess capacity have increased,the number of cases of enterprise bankruptcy according to law has increased,and the number of labor disputes caused by bankruptcy has also increased.Statistics from the judgment documents on the Internet show that the number of cases of affirmation of creditor’s rights brought by workers has increased in recent years,and the workers’ awareness of protecting their rights and interests has increased significantly,which is reflected in the rights and demands of workers.It has tended to be pluralistic,and it is difficult to coordinate with the scope of creditor’s rights listed in the bankruptcy law that can be paid in priority in bankruptcy liquidation.The scope of employee’s creditor’s rights stipulated in the bankruptcy law is abstract and narrow.Based on different perspectives,there is a great gap between the employee and the bankruptcy administrator in their understanding of the content and scope of creditor’s rights,so disputes have increased significantly.The so-called "scope of employee’s creditor’s rights" is not only to study what should be included in employee’s creditor’s rights,but also to study the possibility that the expenses included in the scope of employee’s creditor’s rights will be paid inpriority,which involves the legislative arrangement of bankruptcy law on the protection of employee’s creditor’s rights.Therefore,to examine the scope of employee’s creditor’s rights,it is necessary to consider the particularity of employee’s interests protection,and how to define the content of employee’s creditor’s rights in order to obtain priority liquidation qualification.In addition to the introduction and conclusion,this paper is divided into three parts:The first part: mainly outlines the protection of workers’ creditor’s rights as a whole.Starting from the particularity of the worker group,this paper analyses the legal status and actual protection of the worker’s creditor’s rights in the bankruptcy law.Through the evolution of the status of workers’ creditor’s rights in legislation and the current situation of protection in practice,we can understand workers’ creditor’s rights as a whole.The second part mainly analyses the diversity and types of employee’s claim for creditor’s rights.Based on the relevant provisions of bankruptcy law and labor and social security laws and regulations,combined with judicial cases,this paper analyses the diversification and influence of workers’ claims for creditor’s rights,and tries to classify creditor’s rights from the natural level from the different basis of creditor’s rights,so as to have a more systematic and profound analysis of workers’ claims as a collection of rights.The third part mainly analyses the scope of employee’s creditor’s rights.In view of the abstract and vague provisions of the bankruptcy law on the creditor’s rights of employees,the scope of the creditor’s rights of employees is reasonably defined in combination with the contents of the workers’ claims in judicial practice and the provisions of the labor and social security law.The scope of employee’s creditor’s rights studied in this part is divided into two aspects.On the one hand,the items listed in the Bankruptcy Law are analyzed one by one,and how to determine the specific scope of each item is sorted out.On the other hand,the main types of expenses with unclear legislative nature but more employee’s demands are analyzed,and the rationality of incorporating them into the scope of employee’s creditor’s rights is discussed.
Keywords/Search Tags:Bankruptcy, Protection of Employees’ Rights and Interests, Employee debt, Priority liquidation, Reasonable scope
PDF Full Text Request
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