Study On The Payment Of Claims For Compensation For Personal Injury In Bankruptcy Liquidation

Over the recent years,with the rapid growth of the economy,the development of enterprises has been accelerated continuously.However,it also results in some problems at the time driving the progress for the society.Some enterprises focus rather on the quantity of products,than on the quality of them,and less attention has been paid on environmental issues,which has led to multiple cases for infringement of personal right.Such incidents occur as frequent,especially in the food and pharmaceutical sectors.In addition,this kind of incidents often have a huge adverse impact on the basic rights from people such as the right to life,right to body,right to health and other rights from the infringed individuals.In particular,it often makes it difficult for the businesses to continue the operation and have to enter bankrupt procedure with the situation of a large number of infringed persons involved,huge compensation amounts,and bad social influences,etc.However,the claims for personal injury compensation are included in the ordinary claims,and they are placed at the last to be paid in the order of bankruptcy claim settlement in the bankruptcy law of China.This settlement order results in a large number of infringed people unable to obtain reasonable compensation in reality and their rights cannot be remedied.The Sanlu case took place in 2008 is a typical one.The infringement from Sanlu caused injury to the physical health,and even lives of nearly 300,000(incomplete statistics)infants and young children,which led to a large number of compensations.But in the end,the enterprise of Sanlu went into bankrupt procedure as it could not pay for the huge compensations.The initiation of bankrupt procedures stands for that the claims of these large amounts of the compensation for injury to living body of a human being can only be settled as ordinary claims.However,in reality,since there had been huge medical expenses and other expenses paid by Sanlu in the early stage,it has no assets available for distribution in bankruptcy liquidation.As a result,the claims for a large number of infants and young children have not been taken into implementing,and the injury they have suffered has not been made up.Physical rights,especially the right to health,body,and life,are closely related to our survival interests,which are the basis for our other rights and the basic rights of natural persons guaranteed by the Constitution,therefore we should pay more attention to them.At the same time,creditors with claims for compensation for personal injury are also in a weaker position compared with other creditors,and their claims are passive.And over therecent years,large-scale infringement incidents have taken place as frequent,which made the population of people with claims for personal injury compensation more and more.Once their claims are not paid,it will have a huge impact on the society.Therefore,we should pay more attention to the payment of claims for compensation for personal Injury.However,claims for personal injuries are placed at the last of the settlement order among ordinary claims in bankruptcy legislation.At the same time,in reality,ordinary debts are basically not liquidated,because with many companies enter bankruptcy liquidation procedures,there are very few bankruptcy assets left after paying off bankruptcy expenses,mutual benefit debts,and other series of claims that have priority.So research on the payment of claims for personal injury compensation becomes very necessary no matter it is based on the nature of claims for personal injury compensation or to meet the needs of bankruptcy practice.The personal injury compensation claims in this thesis only refer to the right of the victim to claim compensation for the loss of natural person's right to health,body,and life due to the illegal behaviors from companies.This thesis first makes a introduction to the corresponding claims for personal injury compensation.With basis on this,it makes analysis on the provisions and shortcomings of claims for personal injury compensation in the bankruptcy law of China.Comparing the legislation on the order of settlement of bankruptcy claims in countries overseas.The following Suggestions are put forward to improve the repayment system of claims for compensation for personal injury in the bankruptcy liquidation of our country: 1.Optimize the priority system in the bankruptcy law of our country.2.Design corresponding supporting mechanism.It is hoped that the above suggestions can provide inspiration and reference for the payment of claims for personal injury compensation in China.