Gazette Case: Fengfeng Group Co., Ltd. v. China Energy Conservation Investment Corporation
A repayment dispute arising from the possession and use of state infrastructure operating funds does not automatically fall into the category of non-justiciable disputes over governmental adjustment or allocation of enterprise state-owned assets. Where policy documents have already assigned the relevant debt-credit relationship to a designated state-invested enterprise and vested that enterprise with the investor function, the fund-using enterprise must still perform its civil repayment obligation and cannot avoid liability merely by invoking later accounting treatment as state capital or a pending state-asset coordination process.
Holding
A repayment dispute arising from the possession and use of state infrastructure operating funds does not automatically fall into the category of non-justiciable disputes over governmental adjustment or allocation of enterprise state-owned assets. Where policy documents have already assigned the relevant debt-credit relationship to a designated state-invested enterprise and vested that enterprise with the investor function, the fund-using enterprise must still perform its civil repayment obligation and cannot avoid liability merely by invoking later accounting treatment as state capital or a pending state-asset coordination process.