摘要
劳动者是破产债权人的重要组成部分,其劳动报酬权的破产程序保护不仅关系到劳动者在企业破产时是否具有"发言权",而且关系到法律在处理企业破产时能否权衡好各方利益。破产申请是开启破产程序的前提条件,劳动者作为破产债权人理应享有提起破产申请的权利。对于劳动者破产申请权的确认既有理论依据的支撑,又有利弊权衡的考量,更有可行性制度分析,充分说明了确认劳动者破产申请权既是一种理论正名,又是一种实践需要,应该得到学界和司法部门的充分认可。
The workers are an important creditor in bankruptcy cases, the protection of their labor compensation right in the bankruptcy proceedings is not only related to whether the workers have a "right to speak" when the enterprise goes bankrupt, but also related to whether the law can balance the interests of all parties concerned when dealing with corporate bankruptcy. Bankruptcy application is a prerequisite for the opening of bankruptcy proceedings, and the workers as the bankruptcy creditor should have the right to file a bankruptcy application. The confirmation of the workers’ right to apply for bankruptcy not only has the support of theoretical basis, but also practically considers the advantages and disadvantages. Further, it has gone through the feasibility system analysis, which fully explains that the confirmation of the workers’ right to apply for bankruptcy is not only a theoretical justification, but also a practical need, so it should be fully recognized by the academic circles and the judicial departments.
出处
《学术前沿》
CSSCI
北大核心
2019年第23期138-141,共4页
Frontiers
关键词
劳动者
劳动报酬权
破产申请权
workers
labor remuneration
right of bankruptcy application
