Academic literature on the topic '破產法'

日本2019年5月1日從「平成」改元到「令和」後，平成30年的歷史就此落下帷幕。到現在為止的30年間，日本經濟從平成元年（1989年）泡沫經濟的頂峰開始，經過消費稅增稅、亞洲貨幣危機、平成金融危機、IT泡沫的崩潰、雷曼危機等時期。破產以及企業再建的數量隨著經濟結構的改變而發生變化，經濟不景氣破產就會增加，景氣變好破產就會減少。如果從經濟結構方面探討，可以用熊彼得的經濟結構被資本主義內在力量破壞的理論來表現，即「創造性破壞」。<br />

碩士<br>國立中央大學<br>產業經濟研究所<br>99<br>The legislators consider employees’ survival rights and property rights, therefore regulating wage claims as preferred right (priority). However the priority of wage claims have not be sorted under current law, only a preferred right is given to payment of wages which are payable under the labor contracts and which have been overdue for a period not exceeding six months. Nevertheless, the sequence of wage claims is after the mortgages, making employees unable to recover their full wages from bankruptcy enterprise. Therefore, Overdue Wages Payment Fund is set up under Labor Standards Act, but it still has some difficulties in practice. There is an insufficient protection on wage claims in current law system; we should protect employees by providing related statutes in Labor Standards Act and Bankruptcy Act simultaneously. In the case of the sequences between wage claims and mortgages, there are two suggestions worthy considering to carry out. First, adjusting or removing the limit of wage preferred right, and making wage claims prior to mortgages. Second, adopting the “part of the priority principle” to substitute for mortgage’s absolute priority. Except for Labor Standards Act, the draft of Insolvency Law which was published in 2007 increases the possibility of paying off wage claims. Wage claims can be satisfied from bankruptcy estate at any time rather than following bankruptcy proceedings, although the wage claims have the limit of time which is up to 6 months, it is still better than current law.