| The objective of bankruptcy liquidation procedure is to achieve the general liquidation of debts and to unify the actions of all creditors so as to maximize the property that can be allocated to creditors as a whole.In the face of the limited bankruptcy property,there is a competitive relationship among various creditors,and the realization of the interests of creditors of all parties has become the key node of the conflict.According to the provisions of the Enterprise Bankruptcy Law of China,the liquidation order of creditor’s rights in bankruptcy liquidation procedure can be summarized as follows: property-guaranteed creditor’s rights,bankruptcy expenses and common interests creditor’s rights,labor creditor’s rights,tax creditor’s rights and ordinary creditor’s rights.There is no special provision for claims for personal injury compensation,so claims for personal injury compensation belong to ordinary claims in the order of liquidation and are listed in the final liquidation.Compared with other claims in bankruptcy liquidation procedure,claims for personal injury compensation have the characteristics of involuntariness,non-adjustability and lagging of tort results.However,no special consideration has been given to the order of fair liquidation in bankruptcy liquidation,which makes it difficult for claims for personal injury compensation to be liquidated.Therefore,it is necessary to improve the smoothness of claims for personal injury compensation in bankruptcy liquidation procedure.Bit is very necessary.Through the analysis of the disputes over the priority of personal injury compensation claims in bankruptcy liquidation procedures,as well as the reflection on the defects of equal payment of tort debts and contract debts and the rule of priority payment of property-guaranteed claims,this paper discusses the necessity of priority settlement of personal injury compensation claims in bankruptcy liquidation procedures based on the analysis of bankruptcy practice cases.This paper makes a comparative study on the liquidation order of personal injury compensation claims in bankruptcy liquidation procedures at home and abroad,and puts forward a fixed proportion priority liquidation scheme for personal injury compensation claims in China.At the same time,in the reconstruction of the creditor’s right system of personal injury compensation in bankruptcy liquidation,it is necessary to coordinate the application of the recessive bankruptcy rules and the denial of legal personality in bankruptcy law and corporate law.Finally,in the bankruptcy liquidation procedure,the application of the priority of personal injury compensation claims should be limited from the scope of claims and the pre-procedure.If there exists the problem of personal injury compensation creditors abusing their priority status to damage the interests of others,they can be relieved from the perspective of bankruptcy company and other creditors.Consideration from various aspects and the construction of relevant systems make the priority liquidation system of personal damages claims perfect in bankruptcy liquidation procedures. |
