The Order Of The Liquidation Of Mass Torts Claims In The Bankruptcy Procedure

Our existing Bankruptcy Law did not orde r the prio rity of the se ttlement of claims for infringem ent,which autom atically falls into the ordinary claims,it and ordinary claims are same in liquidation.However,the bankruptcy property is lim ited,most of the bankruptcy property in its set of guarantees,aftercompensating priority claims,the com pensation of tort claim s is difficult to achieve.The rights of its creditors is dif ferent because of their own characteristics,W e should pay more attention on the p rotection of the creditors.The article's aim is to discuss the characteristics of tort claim s,and t o improve their order in insolvency liquidation processes.7this paperis divided into four parts,as follows:The first part,lead to the problem.Through the introduction of the case of “SanLu”incident,this paper mainly solves the problem whetherwe should promote the sequence of Mass tort claim sin bankruptcy liquidation procedure and whatare th e specific rules.The second part,the theories of m ass tort claims.This part discusses the general situation and characteristics of Mass to rt claims.And according to the object o f violation,this paper divided it into personalclaims and property claims.The third part discuss the theory that Ma ss tort claims should have priority in bankruptcy process.In the theoretical leve l,through the function of bankruptcy law,Mass tort claims' characteristics,efficiency and considerations,as well as the angle of the social and public interests,;On the realistic level,this paper expounds the necessity of Mass tort claim s priority directlyand the protection about victim s and from the popularity of Mass torts and the limitation of the bankrupt property.The fourth part,construction of Mass tort claims priority.Firstly,this paper expounds the lack of victim s protection sy stem in Chin a.secondly,according to the above classification,Mass tort claims can be divided into personalclaims and property claims,and its range both aredefined.th irdly,this pap er compare respectively personalclaimsand property claims with other claims,and staged fixedproportion priority rules are discussed;a bout Property claims,this paper divided it into basic material living condition and advanced m aterial living condition,basic material living conditio n claims prior to the tax credit s,advanced m aterial living condition claims located in the ordinary creditor's rights.Finally,Mass tort claim sbe comprehensive scheduled in the bankruptcy liquidation.