Reasonable Limitation Of Labor-claims' Priority In Bankruptcy Liquidation

In the bankruptcy liquidation of enterprises,the order of liquidation of creditor's rights becomes the basis for determining the possibility of liquidation of a creditor's right and the degree of liquidation.It also becomes a factor affecting the probability and degree of liquidation of other creditor's rights.The labor creditor's right is a prominent role in the arrangement of bankruptcy and liquidation.The priority arrangement for the payment of labor-claims has an important impact on the overall settlement of the bankruptcy creditor's rights.Based on the consideration of the priority of subsistence rights and policy benefits,the right to receive the priority of labor-claims shall be granted.However,in order to avoid undue derogation from other creditors and maintain the normal operation of the credit system,the priority of labor-claims should be limited in reasonable range.But,in our country's legislation,the labor-claims have not been given reasonable restrictions,the scope of labor claims is too large.The unrestricted priority of labor-claims will not only unreasonably reduce the extent of ordinary creditors' compensation,but also unduly detract from the interests of other creditors.It will also adversely affect the credit system of the entire market.China's current legislative regulations,which emphasize one-sided compensation for labor claims,do not fully reflect the legal basis for the priority of labor-claims.And bring confusion to judicial practice.Therefore,a reasonable limit on the priority of labor-claims will not only give priority to the return of labor claims to a reasonable extent,but also help straighten out the order arrangement between different claims in bankruptcy liquidation.Through theoretical analysis,we believe that the scope of priority for labor-claims should be limited to the limits of the protection of survival rights and appropriate policy interests.In combination with the practice of foreign laws,the priority scope of the labor claims should be defined rationally from the three aspects of the type of labor-claims,the amount of priority payments,and the period of priority repayment.At the same time,in order to protect the protection of labor-claims from the path of social security,a wage-insurance fund should be established to ensure that workers can receive timely and effective help.The article is divided into four chapters.The first chapter gives an overview of the status of labor creditor's rights and the legislative foundation.First,define the labor-claims,And sorted out the current system of labor-claims' Priority from both international and domestic perspective.At the same time,the reasons for preferential payment of labor-claims are demonstrated from the aspects of the philosophical foundation of survival rights and the policy benefits of protecting the weak and safeguarding social stability.The second chapter mainly analyzes the necessity of reasonably restricting of labor-claims' Priority from three aspects: theoretical basis,economic factors and policy reflection.The article believes that when labor-claims meet the "balance of interests" principle,unrestricted labor-claims will give improper derogation to other creditors' rights and market economic credit systems.A reasonable restriction of labor-claims not only meets the "balance of interests" principle,but also conducive to maintaining the market economy credit system.The third chapter discusses the reasonable standards that restrict the priority of labor-claims and the existing problems.Through theoretical analysis,we believe that the scope of priority for labor-claims should be limited to the limits of the protection of survival rights and appropriate policy interests.Under the premise of determining reasonable standards,the current issues of labor-claims priority in China aresummarized from the two aspects of legislation and judicial practice.The fourth chapter puts forward specific proposals for reasonably restricting the priority of labor claims.First of all,combing and introducing three foreign models that restrict the priority of labor claims,and analyze foreign practices based on our country's national conditions.Secondly,it puts forward the specific path for restricting the priority of labor-claims,that is,strictly limit the type of labor-claims,limit the wage-claims with the average social wage standard,and limit the reasonable time of payment of priority claims for wages.Finally,the system compensation for the reasonable limitation of labor claims was discussed.Referring to the practices in Taiwan,Hong kong and Shenzhen,the author suggested to establish a socialized way to protect labor-claims--the wage-insurance fund.