论劳动报酬权的优先权属性

On the Nature of Right of Priority for One's Labor Reward

劳动报酬权作为社会性权利,既是契约自由的表现,也是国家干预的结果。它的权利属性,决定了它的优先权属性。劳动报酬优先权具有一般特定债权的优先权特征和社会权法定性特征。我国立法特别是劳动法应确立劳动报酬权优先实现原则。

As a social right, the right to get one's labor reward is not only the representation of freedom of contract, but also the result of the state's intervention. Its nature of right decides the nature of right of priority. The right to get one's own labor reward possesses the characteristics of priority about generally the specific creditor's right and legally social rights. Therefore, it highly recommends that the principle of priority should be established in the legislature of law, especially in the legislature of labor law.