Earticle

초록

영어

Protecting the bankrupt employees´ claims of state-owned enterprises is the most important part of China´s bankruptcy law. As a common economic phenomenon in the process of enterprise development，bankruptcy is the inevitable product of the market economy model after the reform and opening up，and it is also the legal means to complete the withdrawal of the market. The enterprise bankruptcy law of the People´s Republic of China has formulated a guarantee mechanism for the combination of entities and procedures， but at the same time， the people´s court will encounter many cases in which the law is not specified in the process of hearing the bankruptcy cases and designated managers according to the enterprise bankruptcy law. This is often due to the enterprise. The bankruptcy law has caused too much marginalization of the role of the government in the process of enterprise bankruptcy. Therefore， in this paper， by presenting an example of a shipping group，that is， the municipal SASAC as a government department does not lead to the difficulty of the bankruptcy procedure of a shipping group in the city， and the manager is powerless as a private institution. It is believed that the government should first define its own social responsibility and actively establish a social security system， which can provide some convenient procedures for the bankrupt enterprise in the tax perspective， avoiding the application of the tax arrears after bankruptcy to the corporate debt， in order to guarantee the priority of the employee´s debt rights. When the manager investigates the assets of the enterprise， the registration department can give active coordination to help managers to recover the assets that the enterprises are running out of illegally. In the process of enterprise bankruptcy， the government can provide appropriate financial support to the enterprise， which can avoid the insolvency of the enterprise to lead the bankruptcy proceedings to end directly， and avoid some illegal transfer of assets can use this system to continue the vicious circle of impunity. The second part is the analysis of the current situation and existing problems of the protection of workers´ labor rights in bankrupt enterprises. First， the compensation metal stipulated in the enterprise bankruptcy law is to the employee´s creditor´s rights， but whether the compensation gold stipulated in the labor contract law belongs to the scope of the compensation in the enterprise bankruptcy law is to distinguish whether the compensation is punitive， and the punitive damages are already impossible for the enterprises that are already on the verge of bankruptcy. As a result of punishment， many parts can be recognized as ordinary creditor´s rights; government departments or other units or individuals should also have the right to compensate for the creditor´s rights， which can not only guarantee the smooth progress of the bankruptcy procedure， but also promote the stability of the society. The third part， from the angle of practice， discusses the relief mechanism of the creditor´s right of the bankrupt of the state-owned enterprises. When the relief of the workers´ creditor´s right is obstructed， the people´s court should be asked to confirm the dispute of the labor creditor´s right in accordance with the enterprise bankruptcy law， and then the rational distribution scheme is made by the administrator in accordance with the confirmation of the court. The fourth part， from the perspective of the manager itself， combined with the relevant legal provisions and practical experience， in the absence of government responsibility， through the compilation of the labor creditor´s right table as soon as possible， the active review of the employees´ creditor´s rights and the termination of the labor relations of the employees in the enterprise according to law， and to ensure the realization of the employees´ creditor´s rights to the maximum limit.

목차

국문초록
I. 引导
II. 國有企業破产职工债枝权的范围及受偿順序
III. 國有金业破产职工债权保沪的救濟机制
IV. 破产管理人的职責和义务
V. 政府的职責
VI. 結語
參考文獻
中文摘要
Abstract

키워드

저자

• 朱晖 [ 주휘 | 大连海洋大學法學院, 副院長 ]
• 刘朋鑫 [ 류붕흠 | 大连海洋大學法學院, 硏究生 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  회생법학 [Korean Law Review for Rehabilitation and Bankruptcy]

• 간기

  반년간

• pISSN

  2093-6923

• 수록기간

  2010~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340