工资优先权法律问题研究民商法专业论文.docx

重庆大 重庆大学硕士学位论文 英文摘要 PAGE PAGE VI ABSTRACT In China?s reform process of market economic system, there are all kinds of problems we have to face. Recently, it is prevailing for many enterprises to refuse or delay wages of workers in due time. As the final protection of workers? wage payment , wage priority has been adopted by many of the countries in the world. In order to protect the interest of workers? wage, there are also regulations about the wage priority in the Bankruptcy Law and Civil Procedure Law in China. However, those regulations are not well practiced due to all kinds of reasons. In order to protect the benefits of the laborers and promote the stability and harmony of the society, this paper tries to make a primary research through six related legal aspects of wage priority. First of all, the author begins with the significance of wage and then illustrates the reasons why wage priority should be adopted. The author thinks, workers? wage and their right of existence are closely bound up, and the profit of an enterprise is closely linked to its workers? labor. Moreover, in the relationship with enterprises, the workers are always in the inferior position, while there is a shortage of relief to their right as creditors. So either for the advancement of social policies or for the development of social economy, it is necessary to protect the workers with wage priority. The third part of the paper focuses on the scope pf the wages enjoying the priority. The establishment of wage priority is at the price of the interests of other creditors to some degree. Therefore, it is rational to set limitations to the scope of “wage”. The author proposes that basic wages, wages for extra working time, bonus, allowances and subsidies are contained in this scope. Other wages and compensations due are put into the category of ordinary obligatory rights. The forth part is about the effectiveness of wage priority, which is presented by the sequence of payment when conflicts