The Analysis Of The Personal Injury Claims’ Compensation Sequence In The Enterprise’s Bankrupt Liquidation

It is a knotty problem for judges to decide the compensation sequence of the personalinjury claims in the enterprise’ bankruptcy liquidation procedure. According to the currentpractice in China’s bankrupt law, personal injury claims are considered as simple contractcreditor, and put in the third group to get paid, which makes the victims very difficult to getcompensation in the bankrupt liquidation. In addition, if the personal injury victims cannotobtain adequate social security or commercial insurance compensation, they will be stuck in adifficult life. The bankrupt enterprise compensation for personal injury claims is an issue forsocial stability and the guarantee of human rights policy. Since the scandal of Sanlu MilkPowder in2008, the problem of compensation sequence of personal injury claims has becomethe focus of the society. Through theoretical analysis and comparative analysis, this paperprobes into the order of the claims, hoping to provide some useful suggestions for theperfection of the personal injury victims in the enterprise’s bankrupt liquidation.This paper includes the following four parts:Part One: an overview of the bankrupt enterprise’s compensation for personal injury.Firstly, the paper introduces the intention of the claim compensation for personal injury.Secondly, the article introduces the nature of the claim compensation for personal injury.Thirdly, the article analyzes the distinctive nature of the claim compensation for personalinjury.Part Two: review the status of the bankrupt enterprise’s compensation for personal injury.This part analyzes the irrationality of the current liquidation sequence related to compensationfor personal injury claims.Part Three: the legal foundation of the priority and sequence arrangement of the personalinjury claims. This part mainly analysis the compensation for personal injury claims andsecured claims, labor claims and taxed claims.Part Four: suggestions for the perfection of the compensation claims of the personalinjury victims in the enterprise’s bankrupt liquidation. The bankruptcy law should clearlystipulate the compensation for personal injury claims payment sequence and improve theother-related systems and measures to protect the creditor’s priority right.