Research On The Legal System Of Environmental Claims Of Bankrupt Companies

With the improvement of public awareness of the environment,the infringement of environmental pollution is becoming more and more intolerable.Therefore,the environmental claims in the bankruptcy procedure need to be regulated.However,Enterprise Bankruptcy Law in our country does not give priority to environmental creditor's rights,which is unfair to the environmental creditors in the bankruptcy proceedings.The author believes that the environmental creditor's right is a typical creditor's right representing public interest and it plays an important role.So it is urgent to protect the interests of environmental creditors in bankruptcy proceedings and further establish and improve the legal mechanism of environmental creditor's rights under the existing bankruptcy law system.This paper is divided into five parts.The first part is mainly literature review,which analyses the status of research about environmental creditor's rights at home and abroad and illustrates the research methods and summarizes the innovation and deficiency of this paper.The second part explains the theoretical basis of the legal system of the bankrupt company's environmental creditor's right.Then put forward the respective meanings and classifications under the circumstances of the environmental creditor's right as well as bankruptcy and discuss the principles of the legal regulation of the bankruptcy law to the environmental creditor's rights,including the principle of protecting the maximum interests of the creditors,the principle of protecting the public interest,the principle of fairness and the principle of efficiency.The third part summarizes the status of the legal system of the bankruptcy reorganization proceedings,the bankruptcy liquidation procedure and the termination of bankruptcy liquidation in the bankruptcy company of our country.Then analyze the existing problems through the special system in various procedures,mainly including the rules for the discontinuation of claims is not perfect,the creditor committee system is defective the information of the disadvantaged creditors is not enough,the voting system is insufficient,the evaluation result review system is blank,the reorganization period system is out of position,the time point of the environmental creditor's right and the legal system of the liquidation order are not perfect the subject of the environmental responsibility is unknown and the corresponding relief system is missing.The fourth part is the problem proposed in the third part,which generalizes the experience of the legal system of foreign environmental creditor's rights and what we can learn through the analysis of these experiences.The fifth part puts forward some specific proposals suitable for the legal system of environmental creditor's rights after the reorganization procedure,the bankruptcy liquidation procedure and the termination of bankruptcy liquidation based on the national conditions and the values and principles of the legislation in our country.It mainly includes the optimization of the discontinuation of environmental creditor's rights,the construction of the creditor committee system and the environmental assessment result review system for the environmental public interests,perfect information disclosure for environmental creditors,the voting system and the strict restriction of the time limit for the reorganization of the environment,the time point of the unified environmental creditor's right,the construction of different types of environmental creditor's claim rules,the construction of the legal system of the subject of environmental creditor's rights and the corresponding relief mode after the end of bankruptcy liquidation.The innovation of this paper is that analyze the existing problems and corresponding solutions from the three stages of bankruptcy proceedings.The originality of this paper is that through comparing Bankruptcy Law in our country with the American legal system,we find that our country's legal system of environmental creditor's rights is not mature and then put forward our own specific suggestions,especially in the optimization of the rules of the suspension of environmental claims,the construction of the system of the creditor Committee for the interests of the environment,the time point of the unified environmental creditor's right,the construction of different types of environmental creditor's claim rules and the construction of the legal system for the relief of the environmental creditor's right after the termination of the bankruptcy calculation.