论法院执行中的政府垫付工资优先权实现

面对金融危机背景下企业破产倒闭滋生的欠薪纠纷急剧增多带来的社会压力,政府往往通过垫付职工工资方式来应对。而政府垫资后其权益如何在法院执行程序中得到优先保护需要明确。通过对劳动工资优先权的各国主流立法模式的比较分析,发现我国工资优先权制度存在诸多不足,有必要予以全面完善。

On the Priority Security of the Wage Prepayment by Government in the Execution Proceedings

Due to the recent increase in the bankruptcy rate and the number of back salary cases resulted from the financial crisis,the social pressure increases.As some back salary cases are solved by the advance payment by government,how the interests of government can be protected as a priority during the court executive must be made clear-cut.Based on a comparative study of relevant legislature patterns of the wage priority in different countries,the author finds that there exist some shortcomings in the Chinese w...