| How to realize the compensation for personal injury should be considered in the industrial society.Especially since the reform and opening up in China,the number of personal tort cases has been increasing,but our country began to pay attention to the protection of personal injury compensation is in 2000 after.Since twenty-first Century,there have been a lot of mass torts in China,such as the case of tainted milk powder,the case of clenbuterol,the case of Sanlu milk powder,the case of the vaccine in 2016,and so on.One of the most typical is the Sanlu milk powder case.As a typical case of mass tort,Sanlu case has been paid close attention by many experts and scholars.And the biggest problem is the protection of the rights and interests of personal injury compensation is difficult to achieve in the case of Sanlu.In accordance with the provisions of the bankruptcy law of our country,is the compensation for personal injury as ordinary creditor’s rights,placed at the end of a settlement,so in the process of bankruptcy compensation for personal injury is difficult to get effective settlement.Due to the lack of social commercial insurance system and social relief in China,it is possible for the creditors and their families to get into trouble.The compensation for personal injury in the procedure of bankruptcy liquidation is not only related to an ordinary creditor’s rights,but also related to the creditor’s life and social stability,but also reflects our respect for human rights and protection of human rights.Because of the result caused by the Sanlu case "is the rights and interests of personal injury compensation for hundreds of thousands of infants cannot be realized,based on this problem,the provisions of the order for compensation in China" bankruptcy law "to protect the rights and interests of obstacles.Many legal scholars begin to think about the problem of the compensation for personal injury in the bankruptcy procedure and the influence of the position on the compensation for personal injury.Especially in the large number of infringer,enterprises facing bankruptcy because of huge compensation case,how to realize infringement compensation should be considered.First of all,the compensation for personal injury in the process of bankruptcy liquidation sequence thinking,the nature of creditor’s rights and creditor’s rights law comparison between various urgency,predictability,creditors bear the ability of risk,pointed out that China’s "bankruptcy law" on personal injury compensation with unreasonable regulations.Moreover,our law does not specify the priority of compensation for personal injury in the bankruptcy procedure,which makes the protection of rights and interests in the judicial practice is very poor,the amount of compensation is low,the proportion is small,and there is no legal basis.The existence of these problems makes it difficult to realize the compensation for personal injury in bankruptcy proceedings.Secondly,in order to explain the existence of the personal injury compensation in the bankruptcy procedure,we need to build a new order of personal injury compensation.At the same time,from the maintenance of social security system is not perfect,the weak position of creditors,the value goal of fairness and justice,protection of human rights and the judicial practice,expounds the necessity of the reconstruction of cis position in bankruptcy proceedings,compensation for personal injury,need to improve the bankruptcy process in the personal injury compensation payment order..Furthermore,in our country about the personal injury compensation scheme is introduced,and the advantages and disadvantages of each scheme,and the law on foreign about compensation for personal injury to be introduced Although there are some deficiencies in the system,but the system of foreign legal provisions can be implemented in other countries,indicating that we need to learn from the system settings.Finally,based on the needs of the reality of our country and the analysis of economic development,put forward in the bankruptcy procedure of compensation for personal injury should be with the labor claim in the same order liquidation proposal,in the scope of compensation for personal injury based on priority and the victims and their families living with other factors,put forward in the process of bankruptcy the personal injury compensation priority range.In order to guarantee the realization of the compensation for personal injury more effectively,it is suggested to introduce the system of disregard of corporate personality to strengthen the protection of personal injury compensation. |
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