Research On The Priority Of Environmental Creditor's Right To Be Repaid In Enterprise Bankruptcy Liquidation

Since the promulgation of the Enterprise Bankruptcy Law,environmental claims have been settled as ordinary claims,and this order has never changed.With the development of social economy,high-quality development has become the mainstream of the times,and the principle of prioritizing economic benefits cannot meet the needs of the times.At the same time,the relief system represented by the environmental liability insurance system and the environmental liability fund system is still incomplete in China,and the source of funds,the scope of application,and the method of insurance are not yet clear.Even in the United States,where the environmental insurance system is very complete,it still faces the problem of insufficient funds.Under such circumstances,it is necessary to readjust the settlement order of environmental claims in bankruptcy and settle in a higher priority.Giving priority to priority claims for environmental claims is not an imagination,but has a deep theoretical foundation.The concept of humanistic care in civil law,the principle of liability for damage in environmental law,the principle of environmental protection priority,and corporate social responsibility in corporate law It provides a strong theoretical support for improving the order of environmental claims.At the same time,we should also see that it is unnecessary and impractical to blindly raise environmental claims to super-priority status.Instead,we should measure the interests between the claims to find the best balance.The absolute priority of secured claims as a whole is unshakable.According to the causes of environmental claims,environmental claims can be divided into environmental tort debts and environmental contract debts.Environmental tort claims should be placed after secured claims and before labor claims.Claims on environmental contracts shall take precedence over claims on taxes and shall be paid in proportion to claims on labor.At the same time,the priority scope of environmental claims should be limited in conjunction with the restriction theory in order to find the best balance point of interest among various bankruptcy claims.