Environmental Tort Liability Of Bankrupt Company

The legislative value of Bankruptcy Law is the coordination between the interests of the creditiors. But for the environmental tort that is a special type of claims, Bankruptcy Law does not provide a good solution for the company how to undertake the responsibility of environmental tort in the case of bankruptcy. In recent years, the economic development brings prosperity. Meanwhile, the serious consequences caused by environmental resources destruction are also gradually revealed and environmental problems caused by social disputes are increased. In particular obviously, company as a primary responsibility against environment, in order to exempt from environmental responsibility, often avoiding legal liability through bankruptcy liquidation, cancellation of legal personality. In order to protect the interests of the creditors of the insolvent company environmental tort, to eliminate the company shift the responsibility to community that should pay for environment by itself continues to occur, it is necessary to re-examine the bankrupt company’s environmental problems of infringement.This paper focuses on two main issues which are involved environmental tort liability in the case of company’s bankrupt. First, the debts of bankrupt companies because of environmental violations, during the bankrupt liquidation procedure,whether it should take precedence over ordinary claims paid. Second, after the dissolution of the company, how should be held accountable for their environmental liability. This paper focuses on these questions by analyzing the provisions of the Bankruptcy Law, as well as learning from the advanced experience of other countries in dealing with the above problems, and put forward some suggestions for environmental tort liability of bankrupt companies related to problems in the system.This article has two parts: the introductionand the text. From the significance of res earching on the bankrupt company’s environmental tort liability departure, introduction describes the current research both at home and abroad, and the inadequate in practice at home. It also introduces the research ideas and methods of the artice.This article discusses from four parts:The first part: the explaining to problems which caused by the environmental infringement of the bankrupt company. Presenting that conflicts of the interests of creditors of bankrupt companies, as well as to determine the order of debt repayment and debt legal basis of the provisions of the order of the Bankruptcy Law, and to give a brife summary about the compensation of victims of bankrupt companies infringing.The second part of this article discusses the first major issues to be discussed: that is the priority for repayment of that company in bankruptcy proceedings. By analyzing the particularity of the insolvent company’s environmental to explain the reasons of its priority for repayment, and put forward several specific ways for reference to its priority claim. Finally, focus on issues that need attention. Such as: differentiated environmental effect gives priority claim of infringement claims, and environmental tort claims specific priority orders.The third part of this paper discusses the second major issues to be discussed: that is the problem about the environmental tort liability after the dissolution of a company in bankruptcy. Interpretating the company in bankruptcy after dissolution also should take the responsibility for environment tort. Under this premise to analyze the payment order of infringement claims, and introduce the responsibility subject for environmental tort after dissolution of the company.The fourth part focuses on the perfection of bankruptcy-related corporate environmental tort law system. After souting out the rules of Bankruptcy Law and other Laws and existing problems, to make sound recommendations on the basis of foreign experience for the existing problems.The conclusion summarizes the theme of this article, and analyzes the deficiency of this article.