Research on the Priority of Environmental Tort Obligation in Bankrupt Enterprises under the Background of Low Carbon Economy

Abstract

As the important subject of developing low carbon economy, enterprises should fulfill the development idea of low carbon economy in the normal operations or at the stage of bankruptcy liquidation. The arrangement of repaying order of environmental credit in China’s Enterprise Bankruptcy Law is not conductive to protect environmental creditor’s interests and also doesn't match the aim of low carbon economy. Environment credit is mostly related to people’s life and health, properties security and social benefit, so giving priority claim to environmental tort liability is not only the inner demand to realize the fair distribution of bankruptcy property, but also the inevitable choice to develop low carbon economy.