Study On The Reasonable Restriction Of The Priority Of Compensation Of Labor Claims In Bankruptcy Liquidation

In the process of bankruptcy liquidation,the distribution of the surplus property of an enterprise relates to the realization of the interests of a series of creditor's rights,and the labor claims can obtain the right of priority compensation because of the existence rights and interests of workers.However,in the judicial practice,through the analysis of typical cases,we can see that the current preferential payment type of labor claims is enlarged,and there are many disadvantages that wage claims are not restricted.It will not only damage the reasonable expectation interests of other creditors,and then affect the credit financing of enterprises,and may even induce the moral hazard of the relevant subjects and aggravate the malicious wage-indagre behavior of the employing enterprises.Theoretically,the reasons why labor claims can be paid preferentially include two main points,one is based on the thinking of the property of the right to survival contained in labor claims,and the other is the special concern for the weak position of workers.However,the property of the right of survival contained in labor claims and the care of the weak position of workers are not enough to support their unrestricted access to priority compensation.It is necessary to reasonably limit the preferential scope of labor claims.From the practical need,by further restricting the priority of compensation of labour claims,it is possible to specify the type,amount and duration of priority compensation.It can not only provide the market subject with certain guidance,so that it can make an accurate assessment of risk and make the best judgment on the investment,so as to promote the credit financing of the enterprise,but also reduce the moral hazard of the relevant subject and promote the credit management of the enterprise.From the theoretical basis,it is helpful to meet the essential requirements of the bankruptcy law and the requirements of the theory of limitation of rights,as well as the requirements of the principle of balance of interests.From the development trend of extraterritoriality,the general trend of preferential compensation of labor claims in the field of bankruptcy law is weakened,and even replaced by other systems.Combined with the current national conditions of our country,in view of the uncertainty of the protection of labor claims and the disadvantages of the impromptu ness of the bankruptcy law,we may wish to conform to the international trend,limit the priority of labor claims to compensation within a reasonable range,and then realize the protection of labor claims by perfecting the supporting system,which can not only promote the development of market credit economy,but also effectively realize the protection of workers' rights and interests.In the system design of the preferential compensation of labor claims,first of all,it is necessary to make clear the principle of reasonable restriction of labor claims to be paid in the light of the actual situation in our country.Secondly,to determine the type of priority compensation of labor claims,because medical treatment,disability benefits,pension expenses and the two types of insurance owed by the employer enterprise to be transferred into the worker's personal account are related to the survival rights and interests of workers,so there is no need to limit the priority compensation of this type,the priority compensation of compensation is limited to the scope of economic compensation,and the income collection of workers excluded from the priority coverage.Then,the wage claim,which is the most important component of labor claims,is limited by the average social wage as the standard of the amount of its priority in compensation,and the period of priority payment is limited by one year' time.Finally,the impairment of labor claims brought about by restrictive measures can be supplemented by the establishment of long-term supervision mechanism and social security mechanism.