Rule of Law in China - Legislation Reasoning and Enforcement of Anti-Monopoly Law in China and the West

Frontiers of Law in China, Volume 8, Number 4 (Dec 2013), 689 - 767.

79 Pages Posted: 14 Dec 2013  

Tat Chee Tsui

Trinity College (Dublin)

Date Written: December 1, 2012

Abstract

It is a long debate over whether rule of law is reliable in China, when some Chinese regulations are considered to be decided for political interests rather than the law itself. Furthermore, Chinese court decisions are often criticized for not according with statutes, even though the latter are properly written. The author examines these issues by comparing the legislation reasoning and enforcement of competition law in China, the European Union and the United States, which will not lead to endorsement of or objection to the view that rule of law is properly enforced in China, but it shall be an inevitable responsibility for the Chinese judiciary to demonstrate efforts it has taken.

Keywords: Anti-Monopoly Law, AML, China Law, Rule of Law, Competition Law, Antitrust

JEL Classification: K21

Suggested Citation

Tsui, Tat Chee, Rule of Law in China - Legislation Reasoning and Enforcement of Anti-Monopoly Law in China and the West (December 1, 2012). Frontiers of Law in China, Volume 8, Number 4 (Dec 2013), 689 - 767.. Available at SSRN: https://ssrn.com/abstract=2367281

Tat Chee Tsui (Contact Author)

Trinity College (Dublin) ( email )

School of Law
Dublin 2, Leinster 2
Ireland

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