On The Payment Sequence Of Labor Claim In China

In the bankruptcy liquidation,it is of great significance for protecting the disadvantaged minority and maintaining the whole social interests,that whether labor claim such as salary,social insurance benefits,compensation can be satisfied.The payment sequence of labor claim in several countries reflects in three models,e.g labor claim prioring over general creditor's rights model,labor claim prioring over guaranteed creditor' s rights model and labor claim equaling with general creditor' s rights model.The payment sequence of labor claim in Chinese legislation has changed several times,and belongs to the labor claim prioring over general creditor's rights model as a whole.Though this arrangement has made good winning in protecting labor claim and realizing essential equality,it still has many imperfection both in theory and in practice:Using procedural method of payment sequence regulation to break the equality principle cann't again satisfactory in theory,and the protection for labor claim is not plenitudinous and effective.To solve the problem of the sequence of labor claim above, we should follow this way:on the basis of establishing the fundamental principle,search the detailed models fitting China.At first,we should keep to the labor claim priority principle and giving attention to guaranteed creditor's rights principle.On one hand,the labor claim could be satisfied over general creditor's rights,even over the guaranteed creditor's rights.The labor claim priority principle is usually realized in two manners:method of uniform priority regulation and method of payment sequence regulation. On the other hand,for the great institutional function and real signality of real rights for security such as hypothec,and the imperfection of labor claim priority,when satisfying the labor claim,we should pay attention to the payment interest of guaranteed creditor's rights.Secondly,on the selection of detailed models of arranging the payment sequence of labor claim,we should introduce the priority system to protect labor claim,defining the priority of labor claim over guaranteed creditor' srights as a limited priority at the same time,and set down regulations to counterpoise payment interests of the two rights.