Supreme People's Court Interpretations Of China's Bankruptcy Law: Translations and Commentary

Abstract

Following China’s adoption of its Enterprise Bankruptcy Law, effective June 1, 2007, rather few bankruptcy cases have been commenced in China, in part because of judicial uncertainty in how to apply the law in particular cases. In the last four years, the Supreme People’s Court has issued two interpretive rulings to assist the courts in applying the law in particular cases. This article publishes translations of these two interpretive rulings and provides a commentary explaining how they fit in the context of the Enterprise Bankruptcy Law. Additionally, the article describes the further interpretations needed from the People’s Supreme Court for applying the provisions of the law that have not yet been addressed.