My article in The Diplomat on shadow banking disputes was recently published. It highlights what few outside of China have noticed–that shadow banking/private lending disputes account for a substantial proportion of civil/commercial disputes in Chinese courts, creating a particular burden on the courts. In some places, the percentage hovers close to 50%! These disputes raise a range of issues and the law is particularly unclear. Although some provincial (and municipal) courts have issued guidance in the absence of a more detailed judicial interpretation, the lower courts are looking to the Supreme People’s Court for a more comprehensive national legal framework.
2 thoughts on “The tidal wave of Chinese shadow banking disputes”
first i feel a little frustrated that all the “shares” cannot be used in Mainland…
Turning to the point, i personally differs from your view in 2 points, first, 24%-36%is called natural debt, which means the lender cannot assert such part of right in the suit, unless such volunteered given by the lender out of court; exceeds 36% is invalid.
secondly, the interpretation has a former draft version to the public, which can be found in the internet,such as http://www.64365.com/zs/642638.aspx
last but not least, have a nice day, and big love of your effort in this area!!!
Perhaps there is a confusion about what the article above states. Or perhaps you are raising issues with the Diplomat article of August, 2015? I had not seen an official public consultation draft by the Supreme People’s Court. If you can send me that link, that would be useful. The link you posted may be from a draft sent to the All China Lawyers Association or other sources.