Research On The Priority Repayment Of Workers' Creditor's Rights In Bankrupt Enterprises

After the official implementation of the enterprise bankruptcy law of the People's Republic of China on June 1,2007,the market-oriented withdrawal mechanism was improved,and a large number of zombie enterprises were able to withdraw from the market in a timely and orderly manner,which promoted the optimal allocation of social resources.However,like other departmental laws,the bankruptcy law inevitably faces many difficulties in its implementation.In the distribution of bankruptcy property,the arrangement of the liquidation sequence of labor creditor's rights is a typical problem.The bankruptcy of an enterprise will inevitably lead to the phenomenon of "fire at the gate and harm the fish in the pond".How to protect the legitimate rights and interests of the workers in the bankrupt enterprise is not only related to the realization of the personal interests of the workers,but also of great significance to the maintenance of the overall interests of the society.Although the enterprise bankruptcy law with paragraph 1of article 113 of the bankrupt enterprise worker labor creditor's rights and distribution of the bankruptcy property shall be arranged in the first place,which fully embodies the skewed protection for the interests of the workers,however,in the "not enough" practice in the procedure of bankruptcy property distribution effect is not very desirable,especially if you have too much guaranteed creditor's rights,workers face even free condition.Therefore,how to realize the priority protection of labor creditor's rights in bankruptcy,and whether the priority protection of labor creditor's rights is contrary to the principle of equality of creditor's rights,are both major problems that have troubled the academic and practical circles for many years,and also important issues that need to be clarified in China's bankruptcy laws and regulations.The first chapter studies the basic theory of priority repayment of labor creditor's rights,and discusses the legitimacy of labor creditor's rights slant protection from three aspects,including protection of survival rights and interests,maintenance of social stability and improvement of corporate governance.Chapter two summarizes the legislative provisions of civil law system and common law system countries or regions.In chapter three,by reviewing the legislation process of the priority protection of China's bankruptcy labor claims,the author concludes that China's bankruptcy labor claims have various problems,such as too wide range of labor claims,no fair distinction,and limited legal rights.The fourth chapter,not only puts forward to set specific rules of labor claims priority to the right of exclusion,administrator priority of labor claims ofauthority,directors,supervisors and senior management personnel to establish implementation path back pay responsibility of bankruptcy law,and to put forward from the perspective of social set up back pay,to set up the back pay social insurance security funds,establishing the effective measures for perfecting the supervision mechanism.