A Study On The Sequence Of Personal Tort Claims In Bankruptcy

According to the Bankruptcy Law,the entry into an insolvency proceeding means that it has lost the ability to pay off debts,or that the assets are not sufficient to cover all the debts or have a clear lack of solvency.At this point,the creditor's debt can be paid depends on whether its claims have priority compensation and the effectiveness of the priority of the debt.Since the introduction of China's bankruptcy law,personal infringement claims have been the final settlement as a general debt,this position has not changed.However,with the change of the times,the market economy is developing day by day,and the number of cases of personal infringement has been gradually increased in the process of legislation.In particular,the number of cases of personal infringement has been gradually increased question.In the case of personal infringement,the creditor in the physical health at the same time,also need to pay a high medical expense.Therefore,the creditor's debt can be paid,not only related to the lives of creditors,but also related to the basic livelihood of creditors and their families,and even affect the stability of social order.Therefore,the author believes that there is a fundamental difference between the creditor's rights and the ordinary creditor's rights as the representative of the contractual creditor's rights,and it is unreasonable to put the two in the same settlement.As a result,the increasing number of cases of human rights infringement,especially in the case of large-scale infringement cases,should give priority to the claimant's right of tort,give him the priority and how to balance it with the secured creditor,the labor creditor and the state The interests of the current bankruptcy law legislation and practice in the face of the problem.This article uses the comparative analysis method,the case analysis method and the historical analysis method to inquire about the rank of the personal infringement creditor's right in bankruptcy settlement.In addition to the introduction and conclusion,this paper is divided into four parts:The first part mainly studies the basic problem of bankruptcy settlement.The author first points out the basic concept of the bankruptcy settlement and its significance.Secondly,through the comparison of the settlement problem in the foreign bankruptcy law,it is pointed out that although few countries clearly stipulate that the claim of personal infringement has priority over bankruptcy Status,but given the protection of personal rights and interests of certain protection is the current legislative trend;Finally,China's bankruptcy settlement of the legislative development issues.The second part introduces and analyzes the settlement of the current claims of human rights and claims in our country.Firstly,it introduces the concept and characteristics of the claims of personal infringing claims in the background of bankruptcy law,and then introduces the provisions on the settlement of claims for personal infringing claims.Finally,it points out the shortcomings of the current claims of claims for personal infringement.In the third part,the author analyzes the necessity of giving priority to the claim.This paper starts from the legislative basis of the bankruptcy priority,the necessity of giving priority,and draws lessons from the American theory to solve the problem.In the fourth part,through the comparative analysis of the claims and claims,the bankruptcy fees and the common debt,the labor claims and the tax claims,the specific settlement of the claims of the claims and the scope of the claims,to re-plan.To sum up,this paper to analyze and solve the problem is through the definition of personal infringement claims and other claims with the comparison to explore and solve the problem of how to define the right of personal infringement claims in order to correctly locate the physical claims in the bankruptcy claims,In order to achieve the purpose of protecting the creditors of personal infringement.