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On The Satisfaction Sequence Of Tort Claim In The Enterprise Bankruptcy Claim Sequence

Posted on:2013-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:Z Z FanFull Text:PDF
GTID:2246330371988358Subject:Law
Abstract/Summary:PDF Full Text Request
In terms of the different natures of claims, whether the creditors can be paid off and how much the creditors can be paid off depend on the sequence of claims in the bankruptcy. Therefore, the specific provisions of the rules reflect not only the protection and balance of the different stakeholders, but also the attitude and choice of the public power confronting with conflicts among different interests.Recently, as the massive violations of enterprises gradually increased, more and more enterprises became bankruptcy because they are unable to pay for the claimed amount of infringement. In accordance with the current Enterprise Bankruptcy Law, secured claims, labor claims, and state claims are expected to be the priority claims over the infringement claims, However, the victims’basic rights, such as life and health, are in the end of the sequence, which is rather harmful to the interests of the victims, what’s more, it is also cause unfairness in the judicial practice.Therefore, in order to make tort creditors get rid of these difficulties, we must change the order of tort claims when bankruptcy took place. On the basis of former research achievements, the author is trying to find some possible solutions to improve the current situations.In the first chapter, the author tries to make objective and fair assessment on the distribution system of bankruptcy, after comparing Chinese system with USA’s and Germany’s. We found that the different claims had the same satisfaction sequence among these3countries.Chapter Two discusses the necessity for reconstructing the satisfaction order. There are four main reasons:firstly, the violation of the basic legal value; secondly, the analysis of the possible reasons for the extra-territorial legislation; thirdly, the lack of alternative relief system and limitations; fourthly, the real need of society and law. In judicial practice, the government usually plays an important role in protecting the right of the victims, but it is the last resort.The third chapter focuses on the reconstruction of satisfaction sequence. Firstly, the paper introduces the former research aehievement and analyzes advantages and disadvantages of it. Secondly, it discusses the theoretical basis of the priority of tort claims; thirdly, it defines the satisfaction scope.
Keywords/Search Tags:Tort Claims, Claims in Bankruptcy, Satisfaction Sequence
PDF Full Text Request
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