Professor Zou Hailin Comments on the Ten Major Commercial Cases in China in 2019

The Ten Major Commercial Cases in China in 2019, selected by the editorial board of the newspaper the People’s Court News, were published on January 17, 2020. These ten cases, which all have major social impact and symbolic significance, show that, in the trial of commercial cases in the past year, people’s courts in China had attached important to the dialectic understanding and correct application of such basic principles of civil law as freedom of contract, equal protection, good faith, and public order and moral, and given full play to the function and the role of commercial trial in the resolution of social disputes and safeguarding the people’s lawful rights and interests, thereby providing high-quality judicial service for the high-quality economic development in China.

At the invitation of the People’s Court News, Professor Zou Hailin, a research fellow at the Intellectual Property Department of CASS Law Institute, made commentaries on the ten cases. With respect to the case of bankruptcy and reorganization of Zhejiang Jindun Holding Co., Professor Zou pointed out that it is a typical case in which the court adhered to the orientation of marketization and the rule of law, used specialized and informatized means to give full play to the role of bankruptcy trial and the government-court linkage mechanism to successfully save private enterprises in danger and difficulties and effectively prevent and resolve major regional financial risks. With respect to the case of bankruptcy and reorganization of Bohai Steel Group,  Professor Zou pointed out that it is a typical case of the people’s court adhering to the orientation of marketization and the rule of law, relying on the  government-court linkage mechanism and giving full play to the role of debt committee to effectively resolve the huge debt crisis of large state-owned enterprise groups, promote the optimized allocation of resources, and service the supply-side structural reform and high-quality development in China.