Research On Preferential Protection System Of Labor Creditor's Rights In Bankruptcy

With the transformation of the mode of economic development and the optimization and upgrading of the industrial structure,the number of backward enterprises which is eliminated by the market competition mechanism is increasing.Bankruptcy means the elimination of the qualification of the main body of the market,which is accompanied by a large number of unemployed people.For ordinary workers,they lose their life support and income source when they lose their jobs.In China,for most ordinary workers,wages are the only source of their daily income,and also an important economic guarantee for them to maintain their own family life.No matter the support of their children,the support of the elderly at home,or the expenses they spend on their daily life,they are all supported by the wages earned by the workers,which is an important guarantee for the stability and safety of the whole family.Therefore,the effective liquidation of ordinary employees' labor claims is not only related to the simple distribution of property in bankruptcy liquidation proceedings,but also to maintain the basic life of every ordinary employee's family and the stability and safety of the society.In fact,the protection of the state in the legislative level facing the rights and interests of workers,to a large extent,is related to the living conditions of the common working people in the vast majority of the society.The state will further properly handle the protection of labor creditor's rights in enterprise bankruptcy,which is not only conducive to promoting bankrupt enterprises withdrawing from the market mechanism smoothly and safely,but also of great significance for building a harmonious and stable social relationship.China is implementing the "enterprise bankruptcy law" has established the labor creditor's rights in the enterprise bankruptcy liquidation of the first place,but its priority to the bankrupt property is not set up the security of property rights,property guarantee creditor enjoys the property for security priority rights;at the same time,the lack of labor creditor's rights protection measures the corresponding in the implementation process,resulting in the bankruptcy of enterprises in the actual labor credit repayment rate is low.The social property of labor claims requires our country to take full consideration of the disposition of the creditor's right of bankruptcy from the angle of protecting the interests of the social and disadvantaged groups.Too much emphasis on formal justice in law may bring about substantial injustice,because vulnerable groups have inherent resource disadvantage or acquired ability weakness,so they cannot be at the same starting line with the strong subjects,so as to achieve the equal realization of rights.Therefore,in order to get better protection for the labor creditor's right in the bankrupt enterprise,this article will discuss the problem of the protection of labor creditor's right.The thesis is divided into four main parts: the first part is the basic theory of labor claims priority protection research,including the concept and scope of labor creditor's rights reasonable definition,legal nature,give priority to the protection of the legal basis,social value,clear analysis of the labor protection of creditor's legal and social basis;the second part expounds the present situation of the development of our country,labor claims priority protection system and the main problems;the third part discusses the different legal systems in different countries between the labor creditor's protection system,reasonable design of the system and the enlightenment to our country;the fourth part suggestions for the protection of the creditor's rights of bankruptcy in China the labor system deficiencies put forward,hope for the labor perfect protection of creditor's rights in our country.