Study On The Protection Of Labor Creditor’s Rights In Bankruptcy Law

The enterprise bankruptcy law of the People’s Republic of China implemented on June 1,2007 has effectively promoted the integration and allocation of social resources.In the implementation of the "bankruptcy law" is facing many difficulties,the bankruptcy property distribution of labor creditor pay off line arrangement is a typical problems,protect the legitimate rights and interests of the bankrupt enterprise workers is not only related to the realization of the interests of the individual worker,its to maintain the balance of the overall social interests distribution also is of great significance.Although "bankruptcy law" the 113 th will bankrupt enterprise staff’s labor claims priority distribution of the bankruptcy property shall be in the first place,but I can’t pay all the creditors in the bankruptcy property distribution of the bankruptcy property practice effect in the program but does not make people happy,especially in the bankrupt enterprise too much guaranteed creditor’s rights,laborer and sometimes meet the condition of debt repayment rate is zero.Therefore,how to realize the priority protection of bankruptcy labor creditor’s rights and balance the relationship between labor creditor’s rights and other creditor’s rights has been a major problem that has troubled the academic and practical circles for many years,and is also a problem to be solved in the revision of China’s bankruptcy law.This paper is divided into four parts:The first part: first of all,from the concept of labor creditor’s rights,we should understand from the perspective of time,reason and scope,the social foundation of labor creditor’s rights priority protection is to comply with the current national conditions,protect the basic right of laborers to survive,and help improve corporate governance.At the same time,the excessive priority of labor creditor’s rights will also reduce the rights and interests of other stakeholders and thereby destroy the balance of overall interests and disrupt the market credit order.Therefore,the priority protection of labor creditor’s rights should be reasonably limited.The second part: China’s "bankruptcy law" for the protection of labor creditor’s rights of legislative provisions are mainly reflected in: the liquidation sequence of labor creditor’s rights,the content of labor creditor’s rights,the rights of labor creditors to participate in bankruptcy proceedings.Analysis "bankruptcy law" to protect the creditor’s right of labor regulation in our country there is labor limit the scope and amount of creditor’s rights is not clear,labor creditor’s rights and guarantee the order of the creditor’s rights involving too absolute,workers and trade union participation in the process of bankruptcy through low,it is necessary to reform the labor of creditor’s rights and bankruptcy related relief system and so on.The third part: the continental law system and Anglo-American law system countries and are of labor protection in international treaty provisions,labor protection of creditor’s rights of our country should be the current actual situation in our country,absorbing the advanced experience of foreign system,further consummates our countrylabor protection of creditor’s rights and limiting labor claim priority protection level within a reasonable range,and combining legislation and social relief,risk dispersing labor creditor’s rights is hard to pay off.The fourth part: the analysis of labor protection of basic theory of creditor’s rights,combined with the current status for the labor of creditor’s rights protection system at home and abroad,our country should take reasonable adjustment of labor creditor’s rights according to the priority,improve the labor creditor participation channels of bankruptcy proceedings,to labor creditor’s rights and the priority of compensation with reasonable limits,and to strengthen the construction of social guarantee mechanism,in order to optimize the mechanism of labor of creditor’s rights protection in our country.