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The Closed Doors of Courts: China's judicial filtration of financial litigations
Authors:Tao Huang &     entryAuthor"   href="  /author/Zhao%C+Yuan"  >Yuan Zhao
Affiliation:Tao Huang & Yuan Zhao
Abstract:In China, courts may refuse to accept certain legal actions involving financial matters without any solid or explicit legal grounds. An analysis of such a phenomenon should help scholars to understand the functioning logic of China's judicial power. This article suggests that there are a number of reasons behind the filtration system, including a lack of applicable legal rules, a weak ability of the courts to understand complicated financial matters, the background of the economic system transition, the political consideration of ‘maintaining social stability’ and judiciary self-interest. Filtration has inevitably had a negative effect on China's financial markets, and reform is thus necessary.
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