检察公益诉讼环境债权在破产程序中的顺位考量

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中图分类号：D925.3 文献标识码：A D0I：10.7535/j.issn.1671-1653.2026.01.009

Abstract： The corporate bankruptcy system， as a focal point in optimizing the business environment， frequently intersects with the prosecutorial public interest litigation system in environmental protection. The crux of their integration lies in the efficient realization of environmental claims through procuratorial public interest litigation. However，the lag in legislation has led to an imbalance between the environmental infringement actions and liabilities of bankrupt enterprises. Given the public interest nature and environmental value of environmental claims in procuratorial public interest litigation，it is imperative to allow them to participate in bankruptcy distribution. Nonetheless，this may pose potential risks such as constrained claim confirmation， disruption to bankruptcy priority rules，and imbalance of legal interests. Therefore，during the legislative amendments of both the procuratorial public interest litigation law and the corporate bankruptcy law，it is essential to categorize procuratorial public interest litigation environmental claims，which possess a composite legal nature of both public and private interests， into public and private claims. These should be listed as relatively priority claims in the bankruptcy sequence for participation in distribution. Simultaneously， measures such as environmental responsibility assessment reports and environmental restoration fund management institutions should be advanced to address legal construction and enhance the cohesive linkage between procuratorial public interest litigation and corporate bankruptcy systems.

Keywords： environmental claims in prosecutorial public interest litigation; priority of payment： bankruptcy proceedings；environmental protection

一、检察公益诉讼环境债权之破产顺位无序

2020年12月29日，最高人民法院发布的《最高人民法院关于修改<民事案件案由规定>的决定》中新增了公益诉讼案由。（剩余10642字）