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Debt Collection in the Less Developed Regions of China: An Empirical Study from a Basic-Level Court in Shaanxi Province*

  • Xin He (a1)

Contrary to the prevailing view in the literature that Chinese courts have been notoriously incompetent in enforcement, this article contends that the situation may not be so bad. Based on in-depth fieldwork investigations of 60 debt collection cases at a basic-level court in the less developed hinterland region of China, this study finds that the majority of plaintiffs recover most of their debts through the court. Local protectionism persists, but seems to be contained within legal rules. Nevertheless, the underdeveloped economy of the region has limited the effectiveness of several core judicial reform measures. Unlike the situation in more developed regions, the forces of economic development outside the court have not been significant enough to reshape the power structure inside the court. The overall situation suggests, however, that China's efforts in the field of legal reform, including the promulgation of substantive laws as well as strengthened institution-building have, in general, been conducive to the effective processing of routine debt collection cases.

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generally Donald Clarke , “Economic development and the rights hypothesis: the China problem,” American Journal Comparative Law, Vol. 51 (2003), pp. 89111

Jerome Cohen , “Reforming China's civil procedure: judging the courts,” American Journal Comparative Law, Vol. 45 (1997), pp. 793805

Guanghua Yu and Hao Zhang , “Adaptive efficiency and financial development in China: the role of contracts and contractual enforcement,” Journal of International Economic Law, Vol. 11 (2008), pp. 459–94

Randall Peerenboom , “Seek truth from facts: an empirical study of the enforcement of arbitral judgments in the People's Republic of China,” American Journal Comparative Law, Vol. 49, No. 2 (2001), pp. 249327

Xin He , “Enforcing commercial judgments in the Pearl River Delta of China,” American Journal of Comparative Law, Vol. 57 No. 2 (2009), pp. 419–56

Xin He , “Court finance and court responses to judicial reforms: a tale of two Chinese courts,” Law & Policy, Vol. 31, No. 4 (2009), pp. 463–86

Kathryn Hendley's study on the Russian courts, “Enforcing judgments in Russian economic courts,” Post-Soviet Affairs, Vol. 20, No. 1 (2004), pp. 4682

Stewart Macaulay , “Non-contractual relations in business: a preliminary study,” American Sociological Review, Vol. 28, No. 1 (1963), pp. 5567

Kathryn Hendley , Peter Murrell and Randi Ryterman , “Law, relationships, and private enforcement: transactional strategies of Russian enterprises,” Europe-Asia Studies, Vol. 52, No. 4 (2000), pp. 627–56

Kathryn Hendley , “Business litigation in the transition: a portrait of debt collection in Russia,” Law & Society Review, Vol. 38, No. 2 (2004), pp. 305–48

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The China Quarterly
  • ISSN: 0305-7410
  • EISSN: 1468-2648
  • URL: /core/journals/china-quarterly
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