A Study On The Legal Problems Of Labor Creditor 's Rights Protection In Chinese Bankrupt Enterprises

Bankruptcy is an economic phenomenon in the development of enterprises. It is an inevitable outcome of enterprise competition, however, also an effective way to quit the market. Due to reasons like unbalanced information access, workers are usually the vulnerable group. And thus, when it comes to bankruptcy, worker’s rights can hardly be guaranteed. That’s why the "corporate bankruptcy, workers suffer" phenomenon becomes so common, and the creditor’s rights’ protection is becoming a more and more important social issue. This paper is divided into four parts to discuss the definition of enterprise and bankruptcy:The first part offered an overview on the protection of the creditor’s rights in the bankrupted enterprises. Firstly, it expounded the concept of enterprise, employee and bankruptcy. Secondly, it discussed the contents of creditor’s rights and interpreted the definition of bankruptcy costs and public debts. Lastly, it analyzed the three stages of China’s bankrupt enterprise labor protection and the main features of each stage.The second part analyzed the creditor’s rights protection and existing problems in our country. Firstly, it summarized the rules which "enterprise bankruptcy law" contained to protect labor’s debts in a legal aspect, analyzing the measures that the government take to protect labor’s rights, which included the bankruptcy initiation stage, the creditor’s rights declaration stage, the creditors’ consulting stage, and the paying off stage. Secondly, it analyzed the reason why it is hard to protect creditor’s rights of employees in bankrupted enterprises in China from aspects like the low legal bankruptcy rate, inadequate salary guarantee system, irresponsibility of enterprises’ managers, and disability of labor’s unions.The third part is about the experience learning from developed countries in terms of employee creditor’s rights protection. It analyzed the creditor’s rights protection system in the United States, the United Kingdom, Japan, Germany and France.The forth part is the suggestions to improve the creditor’s right protection system in China, including 6 main points:Firstly, establishing scandalized enterprise-quit system, building harmony and stable labor relationships; Secondly, establishing salary forewarning system; Thirdly, launching enterprise insurance system; Fourthly, clarifying duties of management personnel when it comes to bankrupt; Fifthly, reinforcing the coordination power of labor unions; Sixthly, increasing participation chances of labor creditors.