Research On Reasonable Restrictions On The Priority Of Labor Creditor’s Rights In Bankruptcy Proceedings

In the process of enterprise bankruptcy liquidation,the order of repayment of debts,it is not only the possibility and basis of whether a creditor’s right can be paid off,but also the key factor affecting whether other creditor’s rights can be paid off and the degree of payment.As an important part of bankruptcy claims,although its original intention is to protect the interests of workers,but it also has a significant impact on other creditor’s rights.While the protection of labor creditor’s rights is constantly strengthened,we must also consider the necessity of reasonably limiting the priority compensation scope of labor creditor’s rights.In practice,such reasonable restrictions can provide deterministic guidance for market participants,so that it can accurately evaluate the risk and make the best judgment on the investment,so as to promote the credit financing of enterprises and promote the credit management and integrity management of enterprises.In theory,it not only meets the essential requirements of the bankruptcy law,but also abides by the theory of right limitation,at the same time,it follows the requirements of the principle of balance of interests.In addition to the introduction and conclusion,it is divided into four parts,from the perspective of legal provisions and judicial practice of giving priority to the repayment of labor creditor’s rights in the bankruptcy liquidation procedure,analyze the reasons and feasible methods for the reasonable restriction of labor creditor’s rights.The first part analyzes the basic theory of labor creditor’s rights in bankruptcy proceedings,and expounds its characteristics,scope and nature;The second part takes laws and regulations and judicial practice as the starting point,based on the analysis of"typical cases",analyze the operation of priority payment of labor creditor’s rights in real enterprise bankruptcy cases,find and summarize the existing practical problems and legislative defects;The third part points out the necessity of reasonably limiting the priority of labor creditor’s rights,from the perspective of practical needs,the expansion of the priority of labor creditor’s rights has had an impact on the security of market transactions and the protection of the rights of ordinary creditors,and hindered the effective promotion of bankruptcy proceedings.From the perspective of legal support,we must return to the legislative purpose of bankruptcy law,follow the principle of interest balance,and balance the legitimate interests of creditors and debtors;The fourth part puts forward suggestions on reasonable restrictions on the priority of labor creditor’s rights.First,clarify the basic principles of reasonable restrictions.Secondly,specific restrictions on the priority of labor creditor’s rights from three ways.The first is to limit the types of labor claims.Define the identification and scope of fund-raising funds,wages,social security expenses and compensation.The second is to limit the creditor’s rights of employees from the perspective of the subject of rights,the amount of creditor’s rights to be paid and the period of payment.Third,the bankruptcy administrator and the judicial department have a unified understanding,recognize and pay off labor creditor’s rights with a more cautious attitude.At the same time,in view of the impairment of labor creditor’s rights caused by the implementation of restrictive measures.It is proposed to supplement the realization of labor creditor’s rights by establishing a long-term supervision mechanism of cooperation between the government and trade unions and a social security mechanism.