劳动债权之法律研究
发布时间：2018-09-07 08:38
【摘要】：破产法是市场经济改革的基本法,是衡量一个国家市场经济发展程度的重要标尺之一。为适应我国市场经济改革发展的需要,我国正在进行新破产法的制定工作,新破产法草案也于2004年底被提交十届人大常委会审议。在新破产法的制定过程中,如何维护破产企业职工的合法权益成为了大众关注的焦点。为此,在新破产法草案中起草者首次提出了劳动债权的概念,并设置了相关的法律制度。什么是劳动债权,如何实现劳动债权成为破产立法所必须解决的命题之一,寻求两问题的确切答案也是本论文探究的目的之所在。论文共分四大部分对劳动债权加以阐述。 前言部分主要论述了劳动债权被提出的背景,即新破产法的起草、在破产过程中存在着维护职工权益的必要性和可能性。 第一章主要围绕什么是劳动债权加以展开论述,内容主要包括:劳动债权的涵义、劳动债权范围的界定、劳动债权的性质及优先受偿的合理性分析。 第二、三章主要围绕如何实现劳动债权加以展开。其中第二章主要揭示劳动债权在破产清算程序中的实现过程,内容包括劳动债权人破产申请的提起、债权的申报、对债权人会议参与、对管理人和债权人委员会成员的选举或监督、债权的受偿等内容。 第三章则简单地探讨了劳动债权在和解和重整程序中的实现过程。在和解和重整情形下的劳动债权的实现与在破产清算情形下的劳动债权的实现,有共性的一面,也有个性的一面。在这一章中论文则仅就其在和解和重整情形下的个性部分即特殊性予以阐述。
[Abstract]:Bankruptcy law is the basic law of market economy reform and one of the important standards to measure the development of a country's market economy. In order to meet the needs of the reform and development of China's market economy, China is working on a new bankruptcy law, and the draft of the new bankruptcy law was submitted to the standing Committee of the Tenth National people's Congress for deliberation at the end of 2004. In the process of formulating the new bankruptcy law, how to protect the legitimate rights and interests of the employees of bankrupt enterprises has become the focus of public attention. Therefore, in the draft of the new bankruptcy law, the drafters put forward the concept of labor creditor's rights for the first time, and set up the relevant legal system. What is the labor creditor's right, how to realize the labor creditor's right becomes one of the proposition that must be solved in the bankruptcy legislation, and the purpose of this paper is to seek the exact answer to the two questions. The thesis is divided into four parts to expound the labor creditor's rights. The preface mainly discusses the background of the labor creditor's rights being put forward, that is, the drafting of the new bankruptcy law, and the necessity and possibility of protecting the workers' rights and interests in the process of bankruptcy. The first chapter focuses on the definition of labor creditor's rights, including the definition of labor creditor's rights, the nature of labor creditor's rights and the rationality analysis of preferential compensation. Second, three chapters mainly revolve around how to realize the labor creditor's rights. The second chapter mainly reveals the realization process of the labor creditor's rights in the bankruptcy liquidation procedure, including the filing of the labor creditor's bankruptcy application, the declaration of the creditor's rights, the participation of the creditors' meeting, Election or supervision of administrator and creditor committee members, payment of creditor's rights, etc. The third chapter discusses the realization process of labor creditor's rights in the process of reconciliation and reorganization. The realization of labor creditor's rights under the circumstances of reconciliation and reorganization has a common and individual side to the realization of labor creditor's rights under the circumstances of bankruptcy and liquidation. In this chapter, the author only expounds the particularity of his personality in the case of reconciliation and reorganization.
【学位授予单位】：武汉大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D922.291.92;D922.5
本文编号：2227760
[Abstract]:Bankruptcy law is the basic law of market economy reform and one of the important standards to measure the development of a country's market economy. In order to meet the needs of the reform and development of China's market economy, China is working on a new bankruptcy law, and the draft of the new bankruptcy law was submitted to the standing Committee of the Tenth National people's Congress for deliberation at the end of 2004. In the process of formulating the new bankruptcy law, how to protect the legitimate rights and interests of the employees of bankrupt enterprises has become the focus of public attention. Therefore, in the draft of the new bankruptcy law, the drafters put forward the concept of labor creditor's rights for the first time, and set up the relevant legal system. What is the labor creditor's right, how to realize the labor creditor's right becomes one of the proposition that must be solved in the bankruptcy legislation, and the purpose of this paper is to seek the exact answer to the two questions. The thesis is divided into four parts to expound the labor creditor's rights. The preface mainly discusses the background of the labor creditor's rights being put forward, that is, the drafting of the new bankruptcy law, and the necessity and possibility of protecting the workers' rights and interests in the process of bankruptcy. The first chapter focuses on the definition of labor creditor's rights, including the definition of labor creditor's rights, the nature of labor creditor's rights and the rationality analysis of preferential compensation. Second, three chapters mainly revolve around how to realize the labor creditor's rights. The second chapter mainly reveals the realization process of the labor creditor's rights in the bankruptcy liquidation procedure, including the filing of the labor creditor's bankruptcy application, the declaration of the creditor's rights, the participation of the creditors' meeting, Election or supervision of administrator and creditor committee members, payment of creditor's rights, etc. The third chapter discusses the realization process of labor creditor's rights in the process of reconciliation and reorganization. The realization of labor creditor's rights under the circumstances of reconciliation and reorganization has a common and individual side to the realization of labor creditor's rights under the circumstances of bankruptcy and liquidation. In this chapter, the author only expounds the particularity of his personality in the case of reconciliation and reorganization.
【学位授予单位】：武汉大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D922.291.92;D922.5
【引证文献】
相关硕士学位论文 前2条
1 张志坚;证券公司破产清算若干法律问题研究[D];吉林大学;2011年
2 邱莉莉;我国破产预防程序中担保物权的地位研究[D];上海交通大学;2007年
，本文编号：2227760
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