Research On Legal Issues Of Protection Of Labor Creditor's Rights In Enterprise Bankruptcy And Liquidation

June 1,2007 completion of the enterprise bankruptcy law of the People's Republic of China the practical concordance of social resources allocation,is based on national conditions,draw lessons from foreign legislative experience,condensed the wisdom of many jurists important results,including about the bankruptcy liquidation of creditor's rights of labor protection in the process of the particularly notable.The protection of labor creditor's right involves not only the survival and development of workers themselves,but also social stability and harmonious development.However,with the continuous progress of the economy and society,new problems are emerging day by day.Because the workers are in a relatively weak position and other reasons,the workers' labor claims may not be fully paid off in the process of bankruptcy liquidation.The fundamental reason for this problem is that the legislative provisions on labor creditor's rights are relatively general,which cannot meet the needs of the new era.For example,there are omissions in the specific scope of labor creditor's rights,the participation rights of workers and trade unions,and there is a lack of specific and operational legal provisions,so the above problems need to be solved urgently.Each case has distinct characteristics,and some cases can also reflect common problems.This paper summarizes the focus of two cases,aiming at linking theory with practice,analyzing,summarizing and discussing the protection of workers' creditor's rights in the process of bankruptcy liquidation,and combining relevant experience abroad.Some suggestions are put forward,such as further clarifying the scope of labor creditor's rights and enhancing the participation of workers and trade unions in bankruptcy liquidation,hoping to provide help for improving the protection of labor creditor's rights in bankruptcy liquidation of enterprises.