Do China’s Antitrust Penalties Adequately Deter?

Shao Yang[1]

I. Introduction

In recent years, antitrust has become more and more important for China, which is consistent with the global trend. In 2018, China launched the reform of its antitrust authorities. Under that reform, the antitrust law enforcement functions formerly split among the National Development and Reform Commission (NDRC), the Ministry of Commerce, and the State Administration for Industry and Commerce were merged into the newly established State Administration for Market Regulation (SAMR), which made good preparation for enhancing antitrust law enforcement. Moreover, the fact that the 2020 Central Economic Work Conference listed antitrust and preventing disorderly capital expansion as one of the eight economic key tasks in 2021[2] shows that the Central Committee Read the rest

Pursuing Corrupt Fugitives: On China’s Trial-in-Absentia System

Yang Xiuzhu

 Ms. Yang Xiuzhu in the dock

Chen Liang (陈靓)[1]

Table of Contents

Abstract

I. Introduction

II. Background of the TIA System

A. National Policies against General Corruption

1. Starting Point in Late 2012

2. Evolving Campaign by 2018

3. New System since 2018

B. Political Incentives on Chasing Corrupt Fugitives

1. Starting from 2014

2. Law Enforcement Projects

3. Calls for a TIA System

C. Conclusion

III. How the TIA System Works

A. Investigation Phase

1. Jurisdiction of the TIA System

2. When to Transfer a Case for Prosecution

3. Conclusion

B. Prosecution Phase

1. Statutory Requirements

2. Discretion

3. Conclusion

C. Adjudication Phase

1. When to Accept a Case with the TIA Procedure

2. What to Do after Read the rest

CHINESE SOES & CORPORATE COMPLIANCE

WANG Zhipei (王之霈) [1]

I. INTRODUCTION

II. CHINA’S CORPORATE COMPLIANCE LAW

A. Laws Regarding SOEs’ Corporate Compliance

B. Relevant Regulations for Party Supervision of SOEs

C. Summary

III. WEAKNESS IN CHINA’S SOEs’ CORPORATE COMPLIANCE

A. Unique Challenges for SOEs Anti-corruption Efforts

1. Case Analysis

2. Deficiencies Reflected in SOEs’ Compliance Program

B. Cases Investigated by CCDI

IV. HOW CHINESE SOEs CAN IMPROVE THEIR CORPORATE GOVERNANCE

A. Analyze Business Risk According to Industry Characteristics and Implement Business Process Standardization

B. Clear Delineation of Functions and Establish a Sound Accountability Mechanism for Every Individual

C. Establish a Compliance Incentive Mechanism Through Legislation

V. CONCLUSION

I. INTRODUCTION

Since the 18th National Congress of the Communist Party of China, the corporate behaviorRead the rest