论破产公司环境侵权债权的优先受偿性

On the Priority for Repayment of the Bankrupt Company Environmental Tort Claims

公司作为最主要的市场主体,往往是许多大规模环境侵权行为的制造者。在公司破产状况下,环境侵权债权只能作为普通破产债权参与破产财产分配,获得清偿的比例较低甚至可能完全无法受偿。应在维护债务人利益平衡的前提下,在破产法中赋予环境侵权债权一定的优先受偿性,以体现"污染者负担"原则,防止公司以破产制度逃避环境侵权责任。

A company, as the main market main body, is often the maker of lots of large-scale environmental torts. When the company goes under, environmental tort claims can only be regarded as general ordinary claims being involved in the distribution of the bankruptcy property, and the proportion of getting settlement is relatively low and it is even completely unable to be repaid. It is proposed that in the premise of maintaining the balance of interests of the debtor, the environmental tort claims should have certain preferred payments in the bankruptcy law, in order to reflect the ＂polluter burden＂ principle, to prevent the company from bankruptcy system of environmental tort liability.