Research On Legal Problem Of Tort Debts Repayment Priority In Bankruptcy Proceedings

The main idea of this paper is that how to deal with the problem of tort debts in the bankruptcy proceedings according to the law. In China Bankruptcy Law, both tort debts and contract debts are ordinary creditor, while the tort debts are mainly dealt through administrative intervention in judicial practice, the substantive rules and procedural rules which are created in the bankruptcy law cannot play proper role. When we deal with tort debts, we don’t handle these problems in accordance with bankruptcy law provisions in the bankruptcy case, but seek a way out of the bankruptcy law. However what we do in these cases is questioned by scholars and the public people. Through the legal analysis of the existing bankruptcy law system, the purpose of writing this paper is suggesting that tort debts should be given repayment priority in the bankruptcy liquidation proceedings, and be given the specific arrangements in the bankruptcy reorganization proceedings, so the tort debts of the victim’s legitimate interests who involves in the bankruptcy case can be beneficial protected in the bankruptcy law system.This paper is discussed by divided into four chapters. In the first chapter, the writer discuss the rationality and necessity of repayment priority of the tort debts, which comes from the theoretical analysis of the priority system and bankruptcy priority; in the second chapter, the writer elaborate the overall arrangements for bankruptcy liquidation in the bankruptcy law at home and abroad, and make the theoretical analysis bass on the arrangements problem of tort debts and other debts; in the third chapter, the writer discusses the insurmountable difficulties to reorganization which due to the particularity of tort debts in bankruptcy reorganization proceedings, and analysis the treatment of tort debts in bankruptcy practice of the United States and China, then suggest that tort debts should be reasonable restricted in reorganization; in the fourth chapter, the writer give some suggestion on how to design tort debts repayment priority system in the China’s bankruptcy law.