Research On The Bankruptcy Protection Of Environmental Creditor's Rights

China has formally proposed to build a prosperous,strong,democratic,civilized harmonious and beautiful modern socialist country,to build a resource-conserving and environment-friendly society,and environmental protection has increasingly become the consensus of the whole society.Taking China's guangdong province as an example,more than 1,000 enterprises in foshan and dongguan,two traditional industrial centers,have been punished by the government for environmental problems.As a result,the enterprises have either passively or actively given up operation or even gone bankrupt.The bankruptcy caused by the large-scale remediation of polluting enterprises also brings new situations and problems in judicial practice,Therefore the environmental claim in the bankruptcy procedure need special attention under the background of the country's vigorous development of ecological civilization,but the present new "bankruptcy law" was not concerned about the environmental claim,just as a general bankruptcy claims,legal rights of environmental creditors are not protected,i think that the The environmental claim in the bankruptcy contains the social public interests,which is an important debt related to the survival right and environmental personality right of the majority of environmental creditors,and also plays an important role in the field of bankruptcy of creditor's rights and debt from bankruptcy of environmental legal liability is not only the requirements of fairness and justice,but also a requirement of balancing the interests of all parties.How to protect the interests of the environmental creditors in all stage of the bankruptcy proceedings is a necessary measure for the construction of ecological civilization and the improvement of the bankruptcy legal system.In fact,the four chapters of this paper discuss why the environmental claim should be protected in bankruptcy proceedings,how the environmental claim of should participate in the bankruptcy proceedings,the environmental claim of bankruptcy and the suspension of exercise,and the priority payment of environmental claim in bankruptcy proceedings,so as to prove the need of environmental claim and how to protect it.The first chapter expounds why environmental claims in bankruptcy proceedings worthy of protection,puts forward the environment particularity and the legitimacy of creditor's rights in bankruptcy protection point of view,legitimacy is discussed to protect the environment because the environment has the right of the original rights and rights to claim the double properties,the principle of polluters conceit requirements of the bankrupt enterprise environmental responsibility for their own pollution behavior,protect the bankruptcy creditor's rights is to protect our environment vulnerable environment environmental personality right and creditor's right to exist,to maintain social and public interests in environment of bankruptcy.The particularity starts from the bankruptcy law itself and discusses the priority protection from the legislative principles,the nature of creditor's rights and bankruptcy practice.The second chapter analyzes how to protect the environmental creditor's rights in the initial stage of bankruptcy proceedings in three aspects: declaration,confirmation and ideographic mechanism.It mainly includes the subject and time limit of environmental creditor's right declaration,the subject and amount of confirming environmental creditor's right,the selection and cost of the representative of environmental creditor in the creditors' committee,and how to vote in the creditors' meeting.Some Suggestions are put forward,such as the government representatives participating in the declaration,the bankrupt enterprises themselves participating in the declaration of some environmental claims,and the supplementary declaration of environmental claims is not restricted by the liquidation,so as to solve the problem of insufficient protection in the process of participation.The third chapter analyzes the Suspension of exercise problems in the stage of bankruptcy procedures,demonstrates the bankruptcy environment claims based on maximizing the value of the bankruptcy property creditor's rights,fair pay all the creditors and environment to realize the bankrupt enterprise reforming three reason to like other unsecured bankruptcy claims the restraint of suspended exercise,banned the bankrupt enterprise liquidation of private environmental claims.At the same time,for the weak environmental creditors in special circumstances,the court can lift the suspension of the exercise or advance the execution of some environmental creditors to solve the urgent needs of environmental creditors.The fourth chapter is about liquidation in bankruptcy proceedings,which is the most important and substantial stage of environmental creditor's right protection in bankruptcy proceedings.If the aforesaid procedure is good for environmental creditor's right protection in bankruptcy,but it still cannot be repaid in the liquidation stage,the protection of environmental creditor's right can only become an empty talk.The current liquidation of environmental creditor's rights is just ordinary liquidation,which cannot protect the rights and interests of creditors.Only by constructing the preferential liquidation scheme of environmental creditor's rights in bankruptcy,can environmental creditor's rights be effectively protected in the last and most substantial stage of bankruptcy proceedings.There are four kinds of priority protection schemes at home and abroad: 1.Super priority protection scheme of environmental claims;2.Protection scheme in the same order of bankruptcy environmental claims and secured claims;3.Partial priority scheme of bankruptcy environmental claims;4.Intermediate priority scheme of bankruptcy environmental claims.In consideration environment under the premise of creditor's rights and interests balance,clarify the scope and situation of application of priority payment of bankruptcy environmental claims,and divide the bankruptcy environmental claims into three types: personal debts of bankruptcy environment,property debts of bankruptcy environment and personal debts of bankruptcy environment.Different priority protection rules are applied to the three types of claims,and the specific order of environmental priority is designed.At the same time,in order to protect the realization of the priority of environmental claims,also suggests to establish the rules to restrict the repayment of security interests under specific conditions and to stipulate the types of bad claims in the bankruptcy procedure,so as to better protect the environmental creditors to obtain as much as possible to protect their own rights,and also to help the state maintain the ecological environment.