Study On The Priority Protection Of Labor Creditor's Rights In Enterprise Bankruptcy

The market has its own elimination mechanism.Every year,countless enterprises enter the market,and countless enterprises are cleaned out of the market.In recent years,the market is like a funnel,which will gradually withdraw from the market along with economic development,market changes,industrial structure optimization and upgrading for enterprises that are not suitable for survival.There are two ways for enterprises to withdraw from the market.One is administrative cancellation and revocation.The other is judicial bankruptcy.From the perspective of bankruptcy,this paper focuses on the priority protection of labor creditor's rights under the bankruptcy of enterprises.Is the enterprise in the market for the bankruptcy of the enterprise business subject qualification of the lost,walk pass deprived its market,and thus derived enterprise bankruptcy is the biggest problem can cause a lot of workers were forced to laid-off,for ordinary workers,many of them want to support their parents already,also want to raise their children,the usual wage income is to maintain an important source of household spending,but also plays an important role in promoting the harmonious and stable family,if the payment does not reach the designated position,or let the worker's labor claims not pay off,it is easy to become social disorder.The state attaches great importance to the protection of labor creditor's rights in the bankruptcy of enterprises,so that enterprises can exit the market smoothly and stably,which is of great significance to the construction of a harmonious and stable society.In article 9 of the general provisions of the enterprise bankruptcy law,it is clearly stipulated that "in the trial of bankruptcy cases,the people's courts shall protect the lawful rights and interests of employees in accordance with the law".And also stipulated that the labor creditor's rights are in the first order of bankruptcyliquidation,but this provision is for the bankrupt property without the establishment of security,if there is a right holder to the bankrupt specific property to enjoy the real right of security,then the right holder's right of exclusion can be used against the labor creditor's rights of workers and prior to the liquidation of the labor creditor's rights of workers.However,in reality,the lack of corresponding supporting measures to promote the realization of labor creditor's rights is more effective,so that in the enterprise bankruptcy of labor creditor's rights repayment is still a lot of unsatisfactory.Labor creditor's rights have the property of protecting the vulnerable groups.If they attach too much importance to formal justice,then substantive justice will be neglected.In terms of resources,capabilities and other factors,the majority of social workers cannot be at the same level with the strong subjects.The structure of this paper is mainly composed of four parts: firstly,it narrates the basic theory of labor creditor's rights,defines its concept and scope,discusses the legal basis of legal nature,social value and priority protection,and analyzes the priority protection of labor creditor's rights from various perspectives.The second part focuses on the development process,current situation and problems of the labor creditor's rights priority repayment system in China.The third part elaborates the relevant labor creditor's rights protection system in different legal system countries and obtains the experience which we should study through the comparison;The fourth part is based on the above analysis,put forward their own views and views,and put forward relevant Suggestions on the current problems of China's labor creditor's rights protection,and look forward to China's labor creditor's rights protection can be more perfect and reasonable.