Legal Study On Actualization Of Environmental Tort Obligation In Enterprise Bankruptcy

In recent years,environmental torts have occurred frequently and aroused people's deep concern,a typical case of which is the “Sky High-Priced” environmental lawsuit in Jiangsu province.In 2014,the Jiangsu Provincial Higher People's Court made second instance civil judgment on the "Taizhou Environmental Protection Association v.Jiangsu Chang long Agrochemical Co.Ltd.and other five companies environmental pollution liability dispute" case,and the court confirmed the judge's decision on 160 million compensation.Later,The Supreme People's Court rejected the application for retrial made by Tai Xing Jin Hui agrochemical Co.Ltd.By checking the Business registration information and the Judgment,we can see that for Shen Long agrochemical co.Ltd and Jin Hui agrochemical co.Ltd.compensation(26455307.56 yuan and 41014333.18yuan)accounted for 88% and 45.9% of the registered capital respectively.Undoubtedly,the huge compensation is a heavy blow to the enterprise.The huge compensation caused the author to think that if the enterprises have ability to bear the responsibility of environmental tort and if it will go bankrupt? How to deal with the environmental tort obligation and the polluted environment in enterprise bankruptcy? Answer the above questions not only relate to the right relief of victims of environmental tort but also embody the environmental damage bearing principle,equity principle and corporate social principle.The environmental tort claims have the following characteristics compared with the ordinary creditor's rights in enterprise bankruptcy: First,it having public and private benefits,the rapid development of the economy has worsened the environment,environmental problems become disharmonious factors in building a harmonious society,the realization of environmental tort claims is not only related to the relief of victims but also to the harmony and stability of the society.Second,it has wide,long and serious influence,From the environmental incidents such as nuclear leakage in Japan's Fukushima nuclear power plant,we can know that environmental tort claim is wide,long and serious.Third,the position of the claimant and the debtor in the environmental tort is not equal,the debtor is often an enterprise with certain strength and the creditor is often a common worker.Fourth,it has a variety of damage reasons,there are many kinds of correspondence between the consequences and causes of environmental tort.These characteristics intuitively reflect that the actualization of environmental tort claims should be unique.This paper analyzes the relevant theories of environmental tort claims,searches and combs the relevant legal system and regulations,combines the present situation,analyzes the problems in the actualization of environmental tort claims.Absorbs foreign theoretical research results,draws lessons from successful legislative and practical experience,put forward legal countermeasures for the actualization of environmental tort claims.This paper holds that in order to guarantee the achievement of the environment tort obligation,we should do the following thing: first,establish the priority compensation of enterprise environmental tort obligation in bankruptcy liquidation;secondly,continue the subject of tort liability after the bankruptcy liquidation of enterprises,and reserve property for it;finally,improve the social compensation system,including environmental liability funding system and environmental liability insurance system.