Research On The Order Of The Satisfaction Of Mass Torts Claims In Bankruptcy Procedure

Along with the progress of society,large scale production has been popularized, and transportation has developed rapidly, products of large scale production has penetrated into every aspect of our lives, and brought us unprecedented convenience. At the same time, modern industrial products put us into a "risk society". The damage caused by food and drug quality issues, production safety accidents, environmental pollution emerge in an endless stream, and these problems are likely to bring a large number of victims and unbearable compensation. In China, damage compensation fund, product liability insurance and other social mass torts relief means is not developed. In the face of the victims claim caused by mass torts, the infringers often face bankruptcy liquidation. According to the Enterprise Bankruptcy Law of the People’s Republic of China, compensation for mass torts claims is common claims, it is difficult for victims of mass torts to get full compensation from the bankruptcy liquidation procedure. So it is necessary to give mass torts claims a certain extent priority in bankruptcy liquidation procedure.Different from the property infringement claims, personal tort claims affect the normal life of the victims, should be treated specially. So the mass torts in this paper only includes large-scale infringement of personal caused by product, exclude property infringement nor infringements caused by other reasons. According to the bankruptcy priority theory, we can sort the obligatory right in a bankruptcy procedure. Because mass torts claims belong to personal infringement claims and non-contractual claims, the victims are widely distributed and the risk tolerance of the victims is weak, so it is necessary to give mass torts claims a certain extent priority in bankruptcy liquidation procedure.In developed countries, damage compensation fund, product liability insurance and other social mass torts relief means are used to cope with mass torts, and played a good role. But these coping styles are not suitable for China. Even if these social mass torts relief means are used to cope with mass torts, the damage of victims still may not get full compensation. In this case, the infringer will face bankruptcy. In China, facing mass torts, we should rely on social mass torts relief means firstly. If the social mass torts relief means cannot eliminate the request for compensation brought by mass torts, we should seek to resolve this issue in bankruptcy system.Liquidation is the distribution of bankruptcy property, the bankruptcy priority scheme determines the amount of compensation that creditor can get from bankruptcy liquidation procedure. The last part of this paper compares mass torts claims to other claims that have priority in compensation, and then determine the priority scheme of mass torts in the process of bankruptcy liquidation.This paper is divided into the following sections:The first chapter defines mass torts, establish foundation of this paper. In order to define mass torts, this chapter analysis on characteristics of mass torts differs from common tort. Make clear that the mass torts in this paper only includes large-scale infringement of personal caused by product, exclude property infringement nor infringements caused by other reasons. And then analysis on the necessity of giving mass torts claims a certain extent priority in bankruptcy liquidation procedure. Because mass torts claims belong to personal infringement claims and non-contractual claims, at the same time, the law has a tendency to be lagging indicators, so it is necessary to giving mass torts claims a certain extent priority in bankruptcy liquidation procedure.The second chapter analysis on the coping styles of other countries facing mass torts, and the reasons why the coping styles are not suitable for China. So it is a realistic choice to give mass torts claims a certain extent priority in bankruptcy liquidation procedure.The third chapter compares mass torts claims to other claims that have priority in compensation, and then determine the priority scheme of mass torts in the process of bankruptcy liquidation.