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


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

Limitations of Patenting Traditional Chinese Medicine

Xuejiao Cao (Blake)

I. Introduction
The pandemic of COVID-19 has taken a tremendous toll on all of us, as the crisis has ravaged the world.  In China, Traditional Chinese Medicine (“TCM”) has played an important role in the treatment of COVID-19. On 19 August 2020, the General Office of National Health Commission together with the State Administration of Traditional Chinese Medicine announced the Diagnosis and Treatment Plan for New Coronavirus Pneumonia (Trial Version 8)(“Plan”) .  In the Plan, these authorities acknowledged TCM’s contribution to curing Covid-19 patients. Just as the World Intellectual Property Organization (“WIPO”) has stipulated, “growing commercial and scientific interest in traditional medicine system has led to calls for traditional Read the rest

Duty of Care of Chinese Asset Managers: Can Case Law Fill the Gap?

Yuan Ye (袁野)

Table of Contents

Part I Introduction. 2

1. China’s asset managers and its clients’ dilemma. 2

2. Why is duty of care relevant?. 4

Part II Duty of care law.6

1. US Law on duty of care. 6

2. Chinese law on duty of care. 8

Part III What the Cases Say. 9

1. Search Results: limited substantive application and lack of useful reasoning. 10

1(1) Cases without Application. 11

1(2) Cases with Application. 12

2. Chinese case law and a comparison with US law. 18

2(1) Synthesis of case law: few clarifications on rules 18

2(2) The existing gap compared with US law.. 22

Part IV Conclusion. 22

Part I Introduction

Comment from the editor: law Read the rest