Summary information

Study title

In the Absence of an Effective Corporate Bankruptcy System in China, How Does the Chinese Court Use Equal Distribution in Judgement Executions to Deliver Fairness Between Competing Creditors, 2017

Creator

Zhang, Z, University of Leeds

Study number / PID

855622 (UKDA)

10.5255/UKDA-SN-855622 (DOI)

Data access

Restricted

Series

Not available

Abstract

The interview data were collected by Dr Zinian Zhang from his fieldwork conducted in Hangzhou, the capital city of the Zhejiang Province, the People's Republic of China in May 2017. The interviews focused on the question of how the Chinese court conducts equal distribution in commercial judgment enforcements to deliver fairness between competing creditors. In total, there were sixteen law practitioners, including four judges and twelve lawyers, interviewed. Among twelve lawyers, nine once represented judgment creditors seeking equal distribution, and three represented clients who have to share. The data reveal that fair distribution is not as often used as thought, and that fair distribution is unable to fill the gap left by a corporate bankruptcy system.This application demonstrates that the quality of legal institutions can matter for economic development and that important policy lessons can be learned by China from the UK in this regard. This application recognises that China has been a remarkable economic success story but the country also faces new challenges as its economy enters a more mature phase. In particular, it needs to avoid the 'middle income trap' i.e. where a country has costs that are now too high to compete with low-income countries but where productivity does not match those in high-income countries. There are economies in Asia including Singapore and Hong Kong SAR that have emerged successfully from middle income status. Both these economies are built on UK law and are renowned for the quality of their legal infrastructure in supporting development of the financial system. The application suggests how China might also benefit from the UK experience in building its legal infrastructure. But the application recognises China's singular journey and avoids simplistic conclusions that certain consequences will inevitably follow form certain formal changes. It recognises the need for a continuous process of adaptation and development; learning...
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Methodology

Data collection period

01/04/2017 - 31/05/2017

Country

People's Republic of China, Zhejiang Province

Time dimension

Not available

Analysis unit

Individual

Universe

Not available

Sampling procedure

Not available

Kind of data

Text

Data collection mode

The interviews were conducted in person by Dr Zinian Zhang, and took place in the office of the interviewee. Before the interview, the interviewee was told the objective of this research and verbally consented to share their observation and experience prior to the questions asked. All interviews were carried out in Chinese and were recorded in writing in Chinese . No electric recorder was used, since it was deemed inappropriate by Dr Zhang according to the Chinese culture. All questions are open-ended and aim to solicit the observation of the interviewee. All interviewees were notified that in the publications of this project their identity will be removed and anonymised.

Funding information

Grant number

ES/P004040/1

Access

Publisher

UK Data Service

Publication year

2022

Terms of data access

The Data Collection is available for download to users registered with the UK Data Service.

Related publications

Not available