The Analysis Of Compensation For Personal Injury Claims' Syn-position In The Bankruptcy Liquidation

In the bankruptcy legislation evolution of China, the sequence of compensation for personal injury claims have never been changed, which have been finally pay off as Ordinary claims with Contract claims. But with the development of market economy, the rise of personal infringement cases and the in-depth of the concept of humane care, the practice of bankruptcy law is increasingly questioned by the scholars and challenged by the real. As is known to all, once the enterprise enters into the bankruptcy procedure, it has been lost the ability of repaying the due and all debts or obviously lacked the ability of solvency. Therefore, if the rights of the bankruptcy creditors have the priority directly relates to the various creditors'winning and losing in interest game. In person infringement, the victim not only suffers the mind pain, but also pays a sum of expensive treatment. The cost of medical treatment related not only the basic life of the victim and their family, but also the victim's health and life, even affect social stability and security. So to speak, compensation for personal injury claims is not only a debt problem, but also a issue of human rights. Therefore, there are fundamental differences between compensation for personal injury claims with the contract claims, they should not put them in the same paying sequence.In the personal infringement especially mass tort events rising today, it is an urgent and solved timely problem whether should endow the priority to the compensation for personal injury claims and how to balance the interests of the creditor of compensation for personal injury claims and the other creditors. This article mainly uses the comparative and historical analysis method to study the status of compensation for personal injury claims in the insolvency sequence. This article includes four parts except the preface and epilogue:The first part mainly studies the draft of the sequence of insolvency. Firstly, the article introduces the significance of the sequence insolvency; secondly, the article introduces the domestic and foreign regulations on the sequence of insolvency which indicates the domestic and foreign regulations have not endowed the priority of compensation for personal injury claims.The second part analyzes the irrationality of the current liquidation sequence which relates to compensation for personal injury claims. This part mainly analyzes from three aspects:the irrationality of secured absolute priority rule, the irrationality of compensation for personal injury claims and the irrationality of ethics.The third part analyzes the priorities of compensation for personal injury claims. In this part, the article firstly introduces the draft and judging criteria of the bankruptcy preferred creditor's rights. Then the article indicates the necessity and legitimacy of endowing compensation for personal injury claims by analyzing its particularity from claims properties, interests and policy, judicial practice.The fourth part mainly contrasts and analyzes the compensation for personal injury claims and secured claims, labor claims and tax claims. On this basis, it determines the sequences and the scope of insolvency of various claims and the sequence of compensation for personal injury claims, in order to give the creditors of compensation for personal injury certain protection.Generally speaking, this article discusses the particularity of compensation for personal injury claims and compares it and other claims. On this basis, the article determines the priority of compensation for personal injury claims and gives its rational sequence, in order to achieve the purpose of bankruptcy legislation of balancing the interests of creditors.