Legal Regulation Of Commercial Judgment

In recent years, civil judgment trading has quite often hit the headlines, where the prevailing litigants sold their civil judgments at a rather low price as an instrument of debt due to the difficulties of enforcement. In the academic world, theorists pole apart about the nature and effectiveness of "civil judgment trading". This paper took an in-depth analysis and discussion of such phenomenon of "civil judgment trading" in China from four aspects, namely, typical case review, analysis of current situation and the rationale, explanation of the theoretical basis and legislative approaches. In terms of its nature, "civil judgment trading" is in fact an assignment of claims which have been determined by virtue of judgment. Not all of the claims determined by judgment are assignable. The effectiveness of assignment of such determined claims shall vary under different circumstances. This problem can be addressed radically with efforts mitigating the enforcement difficulties. The introduction of Litigation Trust in China subject to certain limits may help and appropriate provisions regarding subsequent procedure of enforcement of any determined claims shall be in place at the legislative level.