试析破产企业职工工资债权清偿优先的理由及其制度设计

对破产企业银行担保物权与职工工资债权清偿先后顺序,我国赋予破产企业职工工资债权清偿优先权有充足的理由。为了实现银行与职工之间的利益平衡,我国应当在借鉴国外的“部分优先原则”的理论基础上,设计符合国情的工资债权优先权制度。

Analyses of Reasons and Institutional Design on Priority of Discharge Employee''''s Salary Claim to Bankrupt Corporation

In dealing with the priority sequence of discharge between bank security interest and employee's salary claim to the bankrupt corporation,there are sound reasons to endow the discharge priority to employee's salary claim in the bankrupt enterprise.In order to balance benefit between bank and employee as well as enact new bankruptcy code as soon,our country should refer to the theory of "partial-priority rule" put forward by professor Bebchuk and Fried to design the system of the discharge priority to employee's salary claim in bankrupt enterprise according to the state of our nation.