Zhou Min, Law School

Abstract: With the rapid development of market economy, enterprise bankruptcy, environmental pollution is not a new word. Enterprise is the basic unit in the market economy system, is the main creator of economic interests, the largest destroyer is the ecological environment. The problems of environmental tort in the process of the normal operation of the company, can according to the tort law, environmental law, general principles of the civil law and other relevant laws to adjust, but the problem of environmental tort on the bankrupt enterprise has no applicable law expressly. Environmental tort problem of bankrupt enterprises can be divided into two categories: first is the enterprise in environmental tort liquidation has existed, this kind of environmental claims that the normal operation of the company process: second is to appear in the environmental tort after the liquidation. At present, the academic research of the two types of environmental tort, are collectively referred to as "environmental rights". As mentioned earlier, the problem of environmental tort, the normal course of business can be adjusted according to the current relevant laws. But on only after the liquidation of environmental claims, China's current "environmental protection law" and "bankruptcy law" have not made it clear, so the creditors' interests are not effectively protected. Therefore, China is in urgent need of theoretical research on the related based on the problems, make up for the loopholes in legislation. This, according to the enterprise bankruptcy liquidation after the emergence of environmental claims, the comparative analysis, exemplification and other research methods, based on the analysis of treatment methods to solve this problem on the combination of "Polluter Pay Principle" and other related concepts of environmental protection, the spirit of "Presupposition, advantage" principle of environmental claims settlement of problems of our country's enterprise bankruptcy are discussed and the system architecture. The main contents of the paper are as follows: first launched according to the logical order of the bankruptcy creditor's right, creditor's rights environment related concepts and basic theory are discussed; and then to China's current law on Enterprise Bankruptcy in environmental protection of creditor rights is analyzed; finally the system framework and suggestions on environmental protection in enterprise bankruptcy claims. The system architecture of the creditor's rights of environmental protection in enterprise bankruptcy, the author from how to estimate the amount of the claims of environmental reporting procedures; clarify the environmental claims in bankruptcy of enterprises the main responsibility; proposed reserve environment claims settlement funds. In order for me to find a reasonable corporate environmental credit of bankruptcy.

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