Enforcement

  • 详情 Decoding the Nexus: Industry Litigation Risks and Corporate Misconduct in the Chinese Market
    This study examines the relationship between industry litigation risk and corporate misconduct using China's A-share listed companies’ data from 2007 to 2022. The findings indicate a significant and negative association, where companies in industries with higher median litigation amounts relative to their assets exhibit reduced incidents of misconduct. This suggests that businesses in high-risk litigation sectors may adopt more cautious practices to mitigate legal challenges and protect their reputations. The robustness of these findings is confirmed through a variety of tests, including a quasi-experimental setting of the chief judges rotation implemented in 2008. Furthermore, the study finds that external monitors including financial analysts’ site visits and local law firms moderate the negative relationship between litigation risk and misconduct. We further show that legal enforcement and moral capital are the two channels through which industry litigation risk impacts corporate misconduct. Our findings underscore the role of litigation risk in shaping peer firms' behavior.
  • 详情 Are Non-Soes Less Tax Avoidance When the Government is a Minority Shareholder in China?
    This study attempts to shed new light on how the state as a minority shareholder can affect the tax planning of non-state-owned enterprises(non-SOEs). We examine publicly traded non-SOEs in China and find that non-SOEs are more tax avoidance when the government is a minority shareholder, indicating that minority state ownership has played a "shelter effect" on tax avoidance of non-SOEs. Further analysis shows that the sheltering effect of minority state ownership is more prominent for firms located in areas with more social burden, worse tax enforcement and firms with stronger incentive to avoid taxes. Furthermore, non-SOEs with minority state ownership increase excessive capital expenditure and employ redundant employees, but still have higher firm value. Overall, our findings suggest the state as a minority shareholder shapes the tax-planning activities of non-SOEs in a “two-way favor exchange” manner and it is beneficial for non-SOEs to maintain a close relationship with the government in China where the government controls key resources.
  • 详情 Creditor protection and asset-debt maturity mismatch: a quasi-natural experiment in China
    Recently, the Chinese Government has strengthened the enforcement of bankruptcy laws to protect creditors’ rights. This study shed light on the effect of creditor protection on asset-debt maturity mismatch by employing a quasi-natural experiment in China. The results show that creditor protection mitigates maturity mismatch, and the effect is more pronounced among financially constrained firms. Results remain robust after the dynamic effects test, placebo test, propensity score matching approach, entropy balancing method, and controlling for COVID-19 shocks. Mechanism tests show that creditor protection decreases the cost of debt and reduces over-investment. The effect of creditor protection is pronounced in private companies, financially independent companies, and companies with secured loans. Creditor rights can alleviate maturity mismatch in firms with medium ownership concentration and managerial ownership levels. Economic consequences studies suggest that creditor protection reduces corporate default risk. This study reveals the mechanism and effect of creditor protection on asset-debt maturity mismatch in emerging markets, providing recommendations to policymakers for assessing and improving bankruptcy law regimes.
  • 详情 Nudging Corporate Environmental Responsibility Through Green Finance? Quasi-Natural Experimental Evidence from China
    Green finance has drawn increased worldwide attention from policymakers as a financial mechanism that could potentially encourage corporations to actively engage in sustainable activities. However, despite a growing body of studies investigating the economic outcomes of green financial policies, there is still a lack of research that systematically quantifies the social welfare implications of green finance. Hence, this study aims to fill this research gap by establishing the causal effect of green finance on corporate environmental responsibility. Exploiting the "bottom-up" enforcement of the green finance pilots in 2017 in China as a quasi-natural experiment and the difference-in-difference-in-difference identification strategy, we find that green finance significantly enhances corporate environmental responsibility performance in high-polluting industries relative to their counterparts, and this evidence continues to survive a battery of robustness checks. Moreover, we explore three underlying mechanisms that possibly explain this beneficial effect: risk-taking, external governance and financing channels. Furthermore, we uncover that corporate environmental responsibility serves as a plausible non-economic channel that combines green finance with economic benefits by stimulating green innovation, promoting total factor productivity and expanding market share. Overall, our study offers new insights on both the economic and non-economic consequences of green finance on business performance.
  • 详情 Market uncertainties and too-big-to-fail perception: Evidence from Chinese P2P registration requirements
    The enforcement of peer-to-peer (P2P) registration requirements in mid-2018 triggered a P2P market meltdown, highlighting the inherent challenge faced by Chinese market participants in distinguishing between genuine and fraudulent fintech firms. The difference-in-difference results suggest that the too-big-to-fail (TBTF) perception can effectively halve investor outflows and borrower outflows during periods of uncertainty. Dynamic analysis further validates the parallel-trend assumption and underscores the persistent influence of TBTF perception. Moreover, the empirical findings suggest that, in the face of a market downturn, fintech market participants become unresponsive to all other certification mechanisms, including venture capital participation, custodian banks, and third-party guarantees.
  • 详情 The Use and Disuse of FinTech Credit: When Buy-Now-Pay-Later Meets Credit Reporting
    How does information sharing affect consumers' usage of FinTech credit? Using a unique dataset of ``Buy Now, Pay Later (BNPL)" users from a large digital platform and exploiting a credit reporting policy change, we document that consumers significantly reduce their usage of BNPL credit when the BNPL lender becomes subject to credit reporting regulation. This reduction is more pronounced among borrowers with previous default records, who also become more disciplined in repayment behaviors, than those without such records. The decrease in BNPL usage also leads to a reduction in online consumption, supporting the financial constraint hypothesis. Our results suggest that information sharing can help alleviate overborrowing and overspending, with stronger effects observed among younger borrowers, those who previously consumed more, or those with credit cards. We also highlight the synergies between BNPL lending and Big Tech platforms' ecosystems, which imperfectly substitute for formal enforcement institutions.
  • 详情 Political Network and Muted Insider Trading
    This paper explores the impact of political network on insider trading activities in China. We find that stronger political network discourages insider trading. Such effect is more pronounced among long-standing and high-level connections, and persists in the events of M&A and public policy announcement when insiders may make profitable informed trading. This finding points to new cost of being politically connected. In exploring the underlying mechanisms, we confirm that the muted insider trading is related to preferable financial and policy support, and are more pronounced for SOEs in provinces with stronger market force and legal enforcement.
  • 详情 中国证券内幕交易的执法强度及其影响因素:实证研究与完善建议 (The Intensity and Determinants of Insider Trading Law Enforcement in China: Empirical Research and Suggestions for Improvement)
    本文首次对我国 2019 年新证券法生效前的内幕交易案件进行了一个全面和深入的实证研究,并与境外法域进行比较,揭示我国内幕交易法律的执行情况。我国对内幕交易的打击力度持续加大,案件数量显著增长,以行政处罚为主,但 2008 年后刑事处罚逐渐增加。内幕交易变得更为隐蔽,体现在非传统类型的内幕人增多、内幕信息主要与并购相关、选择只交易且利用他人账户交易等。我国的内幕交易处罚类型与境外法域基本接轨,处罚强度甚至居于前列,其主要的影响因素包括违法所得、社会影响、减轻处罚情节、是否使用他人账户等。基于这些发现,本文评价了 2019 年证券法相关修订,提出了相关完善建议,并指出了需要进一步研究的课题。
  • 详情 Do Anticipated Government Environmental Audits Improve Firm Productivity?Evidence from China
    We investigate the impacts of anticipated government environmental audits (GEAs) on firm productivity. We use a 2009 policy set forth by China’s National Audit Office that required GEAs of local governments as an exogenous event to examine the effect of the policy announcement on firms’ total factor productivity (TFP). Our difference-in-differences tests indicate that TFP in heavily polluting firms improved more than other firms’ TFP after the announcement of the policy. We also find that to raise TFP, firms engage in green invention patents or receive government environmental subsidies. In addition, our cross-sectional analysis suggests that firms in regions where governments have strong environmental enforcement or that are in the eastern regions of China increase TFP more.
  • 详情 'Stone From Other Mountains Can Polish Jade': How Chinese Securities Law Could Learn Lessons From Us Experience To Enhance Investor Protection and Market Efficiency
    This article aims to provide an in-depth and comprehensive analysis of PRC Securities Law 2020 which overhauls China’s securities regulatory framework to construct more efficient and transparent capital markets with enhanced investor protection and market integrity. The law constrains regulators’ administrative powers in deciding the outcome of IPOs as well as streamline the securities offering procedure. This article pays attention to key reform initiatives proposed by PRC Securities Law 2020, such as the registration-based IPO system, the enhanced investor protection and compensation regime, the cross-border supervision, and the harsher punishments for securities frauds. It also discusses the latest enforcement cases relating to high-profile financial frauds like the Luckin Coffee scandal which resulted in Luckin Coffee being delisted from NASDAQ in 2020. The analysis in the article is accompanied by relevant US securities law in the same area to offer a comparative angle, which is of interest to practitioners, academics and policymakers in major financial centres.