Study On The Priority Compensation Of Environmental Creditor’s Rights In Bankruptcy Liquidation

One of the important ways to obtain tort compensation in bankruptcy liquidation is to give priority to compensation.According to the principle of environmental tort liability,the bankrupt company should compensate for the environmental tort claims caused by its production activities or planning.It is not only the requirement of fairness and justice,but also the result of the balance of interests of all parties.However,there is no clear regulation on the liability of the bankrupt company to damage the environmental rights and interests.As we all know,the claim of environmental tort is the common creditor’s right of the defaults to the end.In this case,the environmental creditor’s right can only be allocated with the ordinary creditor’s rights according to their respective proportion,which is often due to the large amount of the ordinary creditor’s rights,the low proportion of the environmental creditor’s right and even the indemnity.At the same time,the environmental creditor’s rights have its own particularity,that is,the process is long,accumulative and potential.Most of the infringement results appear after the bankruptcy liquidation of the company;the main body is not equal,the creditor is a wide public and has the unspecific nature;the environmental tort and the result identification are professional,complex,and the most prominent is the environment invading.Right is usually unexpected and is undesirable.Therefore,our country urgently needs to strengthen the theoretical research of the environmental creditor’s rights in bankruptcy liquidation and make up the loopholes in the legislation.On the premise of considering the balance of the creditor’s interests,we should establish the priority of the compensation status of the environmental creditor’s right,and introduce a matching judicial interpretation to design the specific priority of the priority right.In order to ensure the successful implementation of the preferential compensation for the environmental creditor’s rights,the creditor’s right of the insolvency environment should be classified,and some personal environmental tort claims should be preceded by the labor claims,and the property nature of the environmental tort claims should be preceded by theordinary creditor’s rights.In order to solve some conflicts that will arise in the bankruptcy liquidation,it is suggested to establish the environmental tort guarantee system,the principle of law application and the setting of the distributary procedure.