企业破产视域下生态环境损害赔偿利益实现路径探究OACHSSCD

The realization of ecological environment damages compensation depends on the actual performance capacity of the liability subject,so it is necessary to examine the realization path of ecological environmental damage from the perspective of enterprise bankruptcy.Under the current bankruptcy law's liquidation sequence,as a public interest claim,the ecological environment damage claims not only lack priority,but also should be classified as inferior claims,which means that once the enterprise goes bankrupt,the interests of environmental protection will be lost.Therefore,the article proposes to implement the concept of coordinating environmental protection with economic development,make full use of the consultation mechanism throughout the environmental litigation process,adopt differentiated judicial disposal measures according to the enterprise distress degree,and moderately increase the liquidation sequence of the ecological environment damage claim in bankruptcy.The article suggests fully implementing the compulsory insurance system for environmental tort liability,and exploring the establishment of the system for environmental protection fund system for bankrupt enterprises at the level of the bankruptcy administrators association.