NEWS CENTER

David Chen wrote and published the article "Analysis on the Lawsuit arising from Disputes over Hospital’s Financial Leasing Contracts"

Sep.2020

Recently, the article “Analysis on the Lawsuit arising from Disputes over Hospital’s Financial Leasing Contracts-Case Study of Court Decisions”, led by our senior partner, David Chen, was published in the journal China Health Law (5th issue, 2020).

By analysing court decisions on disputes over hospital’s financial leasing contracts, this article helps to gain information about the lawsuit on disputes over hospital’s financial leasing contracts, and provides reference for the hospital to carry out financial leasing business in the future. Through the search on the website of China Judgments Online, this article analysed court decisions rendered before December 31, 2019 on disputes over hospital’s financial leasing contracts, to be specific, situation of the plaintiff and the defendant, amount of litigation subject, defence opinions of the hospital, whether the hospital won or lost the lawsuit, structure of financial leasing transactions, court decisions of second instance etc. Research shows that in recent years, the number of disputes over hospital’s financial leasing contracts has increased rapidly, that hospitals do not have sufficient understanding of the legal risks related to financial leasing business, and that the prevention and control measures need to be strengthened. It is therefore suggested that hospital shall fully assess the legal risk related to financial leasing projects, comprehensively strengthen the prevention and control of legal risks related to financial leasing business, pay attention to the collection of daily evidence, and practically strengthen the management over the leased assts.

The journal China Health Law is administrated by the National Health Commission of the People’s Republic of China and is under the supervision of China Health Inspection Association. By integrating academic and practical aspects, this journal mainly covers health law, theoretical research of health law, exploration of the working rules and development direction of health law, introduction of the development trends of health legal system and the research results of health law both at home and abroad, local health legislation and exchange of law enforcement experience, and the popularization of health law knowledge, etc.