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劳动报酬是劳动者及其家庭成员的基本生存保障,劳动报酬权是劳动者在劳动关系中享有的基本的和核心的权利。为了保证劳动者在企业破产时能够领到其应得的劳动报酬,各国大多通过设立劳动报酬优先权(工资优先权)制度进行保护。我国《民法通则》、《物权法》和《劳动法》对劳动报酬优先权未做规定,学界关于劳动报酬优先权的研究成果也不够充分,有关劳动报酬优先权的法律性质、立法基础、清偿顺位、权利限制等问题都需要做进一步的探讨。
Labor remuneration is the basic subsistence guarantee for laborers and their family members. The remuneration for labor remuneration is the basic and core right enjoyed by laborers in their labor relations. In order to ensure that laborers can receive their due remuneration in the event of bankruptcy, most of the countries are protected through the establishment of the labor compensation priority (wage priority) system. The general principles of Civil Law, Property Law and Labor Law do not stipulate the priority of labor compensation in our country. The academic research on the priority of labor compensation is not sufficient. The legal nature of the priority of labor compensation, the legislative basis, Bit, right restrictions and other issues need to be further explored.