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欠薪优先请求权是保障劳动者的欠薪支付的一种重要手段,也是劳动者维护自身的经济利益的一项重要权利。我国法律并未确立欠薪优先请求权法律制度,欠薪请求权被置于担保物权之后得到清偿。文章论证欠薪请求权应优先于担保物权清偿的原因,从而论证了欠薪请求权被置于最优先地位之必要性,最后再提出对该权利的一些限制。笔者期待通过对欠薪优先请求权的法学理论探索,为我国建立欠薪优先请求权制度作出一些学理上的贡献。
The right to claim a paycheck is an important means to guarantee the workers’ payment of their outstanding wages. It is also an important right for workers to safeguard their own economic interests. Our country’s law does not establish the legal system of the priority of claim of wage arrears, and the claim of arrears is paid after the right of security is placed. The article argues that the claim of unpaid wages should take precedence over the reasons for the payment of security interests, so that the necessity of paying the claim of the unpaid wages is proved to be the highest priority. Finally, some restrictions on the rights are put forward. The author hopes to make some academic contributions to our country by establishing the system of priority claim of wage arrears through the exploration of jurisprudential theory of the priority claim of wage arrears.