Notes to Section III--Commercial Rule of Law
\1\ A complete and up-to-date compilation of information on China's
participation in the World Trade Organization (WTO), including
principal accession documents (Working Party Report, Protocol of
Accession, General Council decision), schedules, trade policy reviews,
and dispute case documents can be found on the WTO Web site, at
www.wto.org.
\2\ World Trade Organization (Online), ``Understanding the WTO:
Basics, Principles of the Trading System,'' last visited 27 September
10.
\3\ World Trade Organization, Protocol on the Accession of the
People's Republic of China, WT/L/432, 10 November 01, Part I, 2(C).
\4\ ``U.S., EU Cite Policy Backsliding by China in WTO Trade Policy
Review,'' China Trade Extra (Online), 7 June 10. For Chinese trade
statistics, see Ministry of Commerce (Online), ``Top Ten Trading
Partners (2008/10),'' 12 January 08.
\5\ ``U.S., EU Cite Policy Backsliding by China in WTO Trade Policy
Review,'' China Trade Extra (Online), 7 June 10. For additional reports
of protectionism, see Paul Mooney, ``Hurdles Get Higher for Foreign
Firms,'' South China Morning Post (Online), 16 May 10; Keith Bradsher,
``Foreign Companies Chafe at China's Restrictions,'' New York Times
(Online), 16 May 10; ``Shift Underway in U.S. Corporate Attitudes
Toward Chinese Economic Policies,'' China Trade Extra (Online), 17
March 10; Andrew Browne, ``U.S. Businesses Wary About Protectionism in
China,'' Wall Street Journal (Online), 26 April 10.
\6\ ``U.S., EU Cite Policy Backsliding by China in WTO Trade Policy
Review,'' China Trade Extra (Online), 2 June 10.
\7\ AmCham-China, American Business in China 2010 White Paper,
2010, 26-27.
\8\ Ibid., 27-28.
\9\ ``U.S., EU Cite Policy Backsliding by China in WTO Trade Policy
Review,'' China Trade Extra (Online), 2 June 10.
\10\ World Trade Organization, DS340, China--Measures Affecting
Imports of Automobile Parts, Reports of the Panel, WT/DS339/R, WT/
DS340/R, WT/DS342/R, WT/DS339/R/Add.1, WT/DS340/R/Add.1, WT/DS342/R /
Add.1, WT/DS339/R/Add.2, WT/DS340/R/Add.2, WT/DS342/R /Add.2, 18 July
08, and Report of the Appellate Body, WT/DS339/AB/R, WT/DS340/AB/R, WT/
DS342/AB/R, 15 December 08.
\11\ For discussions of industrial policies in China, see Alexandra
Harney, ``Where's the Chinese Toyota? '' Foreign Policy (Online), 8
December 09; China's Industrial Policy and Its Impact on U.S.
Companies, Workers and the American Economy, Hearing of the U.S.-China
Economic and Security Review Commission, 24 March 09, Testimony of Alan
Wm. Wolff, Partner, Dewey & LeBoeuf, Washington, DC.
\12\ World Trade Organization, DS340, China--Measures Affecting
Imports of Automobile Parts, Reports of the Panel, WT/DS339/R, WT/
DS340/R, WT/DS342/R, WT/DS339/R/Add.1, WT/DS340/R/Add.1, WT/DS342/R /
Add.1, WT/DS339/R/Add.2, WT/DS340/R/Add.2, WT/DS342/R /Add.2, 18 July
08, and Report of the Appellate Body, WT/DS339/AB/R, WT/DS340/AB/R, WT/
DS342/AB/R, 15 December 08. See also CECC, 2008 Annual Report, 31
October 08, 160.
\13\ World Trade Organization, Protocol on the Accession of the
People's Republic of China, WT/L/432, 10 November 01, Part I, 2(C)2.
For information on the WTO principle of transparency, see World Trade
Organization (Online), ``Evolving Trade Increases Need for `Active
Transparency,' Lamy Tells Lawyers,'' 22 October 07; World Trade
Organization (Online), ``Principles of the Trading System,'' last
visited 27 September 10.
\14\ ``China Adopts Plan To Promote Cultural Industry,'' Xinhua,
reprinted in China Daily (Online), 23 July 09. For background
information on China's cultural industrial policy, see Guan Ping Hing,
Hao Wei, and Xi Wang, ``Culture Industry Policy in China and the United
States: A Comparative Analysis,'' Dissertations, Theses and Capstone
Projects, Kennesaw State University, Paper 18 (2009).
\15\ PRC Central People's Government (Online), Plan To Invigorate
the Cultural Industry [Wenhua chanye zhenxing guihua], issued 26
September 09.
\16\ Ibid., sec. 1, art. 3, para. 1.
\17\ PRC Central People's Government (Online), Plan To Invigorate
the Cultural Industry [Wenhua chanye zhenxing guihua], issued 26
September 09.
\18\ World Trade Organization, DS363, China--Measures Affecting
Trading Rights and Distribution Services for Certain Publications and
Audiovisual Entertainment Products, Report of the Panel, WT/DS363/R, 12
August 09.
\19\ Ibid. See also Report of the Appellate Body, WT/DS363/AB/R, 21
December 09. See also ``WTO Rules Against Chinese Trade Restrictions on
Books, DVDs, Music, and Films,'' CECC China Human Rights and Rule of
Law Update, No. 2, 5 February 10, 4.
\20\ Ministry of Culture, Guiding Opinion Concerning Speeding Up
Development of the Cultural Industry [Jiakuai wenhua chanye fazhande
zhidau yijian], issued 10 September 09.
\21\ PRC Central People's Government (Online), Plan To Invigorate
the Cultural Industry [Wenhua chanye zhenxing guihua], issued 26
September 09, sec. 4, arts. 4-5.
\22\ Li Yanzheng, ``10 Billion Cultural Industry Investment Fund To
Be Launched Soon'' [Bai yi wenhua chanye touzi jijin jijiang tuichu],
Shanghai Securities News (Online), 26 September 09; ``Central
Propaganda Department: China Film Recommended for Listing After
Restructuring'' [Zhongxuanbu cheng wenqi gaizhi hou tuijian shangshi
zhongdian tui zhongying jituan], Oriental Morning Post, reprinted in
Phoenix Net (Online), 29 September 09; Zhu Yin, Zhou Songlin, and Chen
Guang, ``Cultural Enterprises To Speed Up Entering Capital Market''
[Wenhua qiye yu jiasu maixiang ziben shichang], China Securities
Journal (Online), 30 March 10.
\23\ Zhu Yin, Zhou Zonglin, and Chen Guang, ``Cultural Enterprises
To Speed Up Entering Capital Market'' [Wenhua qiye yu jiasu maixiang
ziben shichang], China Securities Journal (Online), 30 March 10.
\24\ Wang Ziyu and Cao Zhen, ``China Cultivates Culture--by Raising
Cash,'' Caixin (Online), 28 April 10; ``Cultural Industries To Get More
Financial Support,'' Xinhua, reprinted in China Daily (Online), 8 April
10.
\25\ PRC Central People's Government (Online), Plan To Invigorate
the Cultural Industry [Wenhua chanye zhenxing guihua], issued 26
September 09, sec. 2, art. 2.
\26\ ``13 Printing and Reproduction Enterprises Becoming Major
Culture Export Enterprises'' [13 jia yinshua yuzhi qiye chengwei wenhua
chukou zhongdian qiye], China Print Net (Online), 25 November 09.
\27\ ``General Administration of Press and Publication Issues
Guiding Opinions for the Establishment of Five Key Tasks, Cultivating
Six or Seven Enterprises That Surpass 10 Billion Yuan in Sales in Five
Years'' [Xinwen chuban chanye fazhan zhidao yijian chutai wu da renwu
queding wu nian peiyu liu qi jia zichan guo bai yi qiye], Xinhua,
reprinted in Legal Daily (Online), 5 January 10.
\28\ ``China Establishes First Batch of Animation Enterprises, Five
Tax Reductions and Exemptions To Support Innovation'' [Quanguo rending
shoupi dongman qiye wu zhong shuishou jianmian zhichi yuanchuang],
National Business Daily (Online), 8 January 10.
\29\ ``General Office of State Council Encourages Financial
Institutions To Raise Support for Film Enterprises'' [Guoban: guli
jinrong jigou jiada dui dianying qiye de zhichi lidu], China News Net
(Online), 25 January 10; State Council General Office, Guiding Opinion
on Promoting the Development of a Flourishing Movie Industry [Guanyu
cujin dianying chanye fanrong fazhan de zhidao yijian], issued 21
January 10.
\30\ Chen Fang, ``General Administration of Press and Publication
To Work Out International Best Seller Plan'' [Zhongguo xinwen chuban
zongshu jiang zhiding guoji changxiao shu jihua], China Net, reprinted
in General Administration of Press and Publications (Online), 26 March
10.
\31\ See, e.g., Clarence Tsui, ``Chinese Filmmakers Are Struggling
To Have Their Documentaries Shown on the Mainland--Where It Counts,''
South China Morning Post (Online), 18 June 10; Committee to Protect
Journalists (Online), ``Attacks on the Press 2009: China,'' 16 February
10.
\32\ Ministry of Culture General Office Circular Concerning
Carrying Out Special Governing Action in the Cultural Market During the
2010 New Year and Spring Festival Period [Wenhuabu bangongting guanyu
kaizhan 2010 nian yuandan, chunjie qijian wenhua shichang zhuanxiang
zhengzhi xingdong de tongzhi], issued 4 December 09; ``Ministry of
Culture To Carry Out Special Governing Action in Cultural Markets''
[Wenhuabu jiang kaizhan wenhua shichang zhuanxiang zhengzhi xingdong],
China Cultural Industries (Online), 18 December 09.
\33\ Ministry of Industry and Information Technology and National
Development and Reform Commission, Automotive Industry Development
Policy (Revised) [Qiche chanye fazhan zhengce (xiuding)], reprinted in
China Law & Practice (Online), issued 15 August 09, effective 1
September 09; Ministry of Industry and Information Technology and
National Development and Reform Commission, Order No. 10 [Zhonghua
renmin gonghe guo ye he xinxi bu he zhonghua renmin gonghe guo guojia
fagai ge weiyuanhui ling di 10 hao], issued 15 August 09, effective 1
September 09; PRC Central People's Government, Auto Industry
Restructuring and Promotion Plan [Qiche chanye tiaozheng he zhenxing
guihua], 20 March 09. See also ``China Revises 2004 Auto Policy,'' CECC
China Human Rights and Rule of Law Update, No. 2, 5 February 10, 3;
``China Issues Auto Stimulus Program To Boost the Auto Sector,'' CECC
China Human Rights and Rule of Law Update, No. 2, 5 February 10, 3-4.
\34\ Ministry of Industry and Information Technology and National
Development and Reform Commission, Automotive Industry Development
Policy (Revised) [Qiche chanye fazhan zhengce (xiuding)], reprinted in
China Law & Practice (Online), issued 15 August 09, effective 1
September 09; For a discussion of the policy, see ``China Revises 2004
Auto Policy,'' CECC China Human Rights and Rule of Law Update, No. 2, 5
February 10, 3.
\35\ Ministry of Industry and Information Technology and National
Development and Reform Commission, Automotive Industry Development
Policy (Revised) [Qiche chanye fazhan zhengce (xiuding)], reprinted in
China Law & Practice (Online), issued 15 August 09, effective 1
September 09; Ministry of Industry and Information Technology and
National Development and Reform Commission, Order No. 10 [Zhonghua
renmin gonghe guo ye he xinxi bu he zhonghua renmin gonghe guo guojia
fagai ge weiyuanhui ling di 10 hao], issued 15 August 09, effective 1
September 09. For a discussion of the policy, see ``China Revises 2004
Auto Policy,'' CECC China Human Rights and Rule of Law Update, No. 2, 5
February 10, 3.
\36\ World Trade Organization, DS340, China--Measures Affecting
Imports of Automobile Parts, Reports of the Panel, WT/DS339/R, WT/
DS340/R, WT/DS342/R, WT/DS339/R/Add.1, WT/DS340/R/Add.1, WT/DS342/R /
Add.1, WT/DS339/R/Add.2, WT/DS340/R/Add.2, WT/DS342/R /Add.2, 18 July
08, and Report of the Appellate Body, WT/DS339/AB/R, WT/DS340/AB/R, WT/
DS342/AB/R, 15 December 08.
\37\ Ibid.
\38\ Ibid.
\39\ Ibid.
\40\ Keith Bradsher, ``Despite Trade Rulings, Beijing Gains From
Delay Tactics,'' New York Times (Online), 30 August 09.
\41\ See, e.g., National Development and Reform Commission,
Automotive Industry Development Policy, National Development and Reform
Commission Order No. 8 [Qiche chanye fazhan zhengce, zhonghua renmin
gonghe guo guojia fazhan he gaige weiyuan hui ling di 8 ce], 21 May 04,
art. 7.
\42\ Nelson D. Schwartz, ``Chinese Company Buys Rights To Make Old
Saab Models,'' New York Times (Online), 14 December 09.
\43\ Norihiko Shirouzu, ``China's Geely Lines Up Bank Loans for
Volvo Bid,'' Wall Street Journal (Online), 1 December 09; ``China's
Geely To Put $900 Million More Into Volvo,'' Associated Press,
reprinted in New York Times (Online), 30 March 10; Li Fangfang, ``Geely
Buys Volvo in Biggest Overseas Foray,'' China Daily (Online), 29 March
10.
\44\ World Trade Organization, Protocol on the Accession of the
People's Republic of China, WT/L/432, 10 November 2001, Part I, 2(C).
\45\ United States Trade Representative, 2010 National Trade
Estimate Report on Foreign Trade Barriers: China, 2010.
\46\ Ibid.
\47\ US-China Business Council (Online), ``PRC Transparency
Tracking,'' April 2010.
\48\ See, e.g., US-China Business Council (Online), China's JCCT
Commitments, 2004-09, May 2009.
\49\ United States Trade Representative (Online), ``U.S.-China
Joint Commission on Commerce and Trade Fact Sheet,'' 2009.
\50\ Ministry of Finance (Online), ``Advance the Standards and
Perfect the Government Procurement System'' [Jinyibu guifan he wanshan
zhengfu caigou zhidu], 7 May 10.
\51\ World Trade Organization (Online), ``General Overview of WTO
Work on Government Procurement,'' last visited 27 September 10.
\52\ World Trade Organization, Report of the Working Party on the
Accession of China WT/ACC/CHN/49, 1 October 01, paras. 337-341.
\53\ United States Trade Representative (Online), ``U.S.-China
Joint Commission on Commerce and Trade Fact Sheet,'' 2009.
\54\ PRC Government Procurement Law, enacted 29 June 02, effective
1 January 03; State Council Legislative Affairs Office, PRC Government
Procurement Law Implementing Rules (Comment Draft) [Zhonghua renmin
gongheguo zhengfu caigou fa shishi tiaoli (zhengqiu yijian gao)], 11
January 10. For an English translation, see ``Implementation Rules for
Government Procurement Law of the People's Republic of China,'' China
Law Professors Blog (Online), 24 January 10.
\55\ Yu Ran, ``Govt Purchasing Laws To Tighten,'' China Daily
(Online), 20 January 10.
\56\ Ministry of Finance, Ministry of Commerce, National
Development and Reform Commission, and General Administration of
Customs, Notice on Collecting Public Comments on Administrative
Measures for Government Procurement of Domestically-Made Products
(Comment Draft) [Guanyu zhengfu caigou benguo chanpin guanli banfa
(zhengqiu yijian gao) gongkai zhengqiu yijian de gongao], 21 May 10.
\57\ For additional information, see US-China Business Council
(Online), ``US-China Business Council Comments on Draft Implementing
Regulations on the PRC Government Procurement Law,'' February 2010.
\58\ See, e.g., Ministry of Industry and Information Technology and
National Development and Reform Commission, Automotive Industry
Development Policy (Revised) [Qiche chanye fazhan zhengce (xiuding)],
reprinted in China Law & Practice (Online), issued 15 August 09,
effective 1 September 09, arts. 7-12.
\59\ ``Currency, Indigenous Innovation To Top U.S. Economic Agenda
for S&ED,'' China Trade Extra (Online), 5 May 10; Stanley Lubman,
``China Modifies Government Procurement Policies, but Foreign Concerns
Remain,'' Wall Street Journal (Online), 19 April 10; ``Industry
Comments on the Draft Notice Launching the National Indigenous
Innovation Product Accreditation Work for 2010,'' China Trade Extra
(Online), 10 May 10.
\60\ See, e.g., Circular of the Ministry of Finance of the People's
Republic of China on Printing and Distributing the Measures for the
Administration of Government Procurement of Import Products, reprinted
in Invest in China (Online), issued 27 December 07.
\61\ Ministry of Science and Technology, National Development and
Reform Commission, and Ministry of Finance, Circular Concerning
Launching 2009 National Indigenous Innovation Products Accreditation
Work [Kaizhan 2009 nian guojia zizhu chuangxin chanpin rending gongzuo
de tongzhi], issued 30 October 09.
\62\ Ibid. Article 4 of the National Indigenous Innovation Products
Application Instructions (2009) [Guojia zizhu chuangxin chanpin shenbao
shuoming (2009 niandu)], appended to the Circular, provides that, in
order to qualify for certain preferences in government procurement,
covered products (1) must be produced by an enterprise in China that
owns the intellectual property; (2) be covered by a trademark that was
first registered in China by a Chinese company; (3) be innovative and
internationally competitive; and (4) meet Chinese technical standards.
\63\ Ministry of Industry and Information Technology, Ministry of
Science and Technology, Ministry of Finance, and State-Owned Assets
Supervision and Administration Commission, Catalogue Guiding Domestic
Innovation in Major Technology Equipment [Zhong da jishu zhuangbei
zizhu chuangxin zhidao mulu], issued 25 December 09; ``Chinese Agencies
Lay Out New Policies To Favor `Indigenous Innovation,' '' China Trade
Extra (Online), 6 January 10.
\64\ ``China Defends Innovation Policy, but U.S. Industry Wants
Overhaul,'' China Trade Extra (Online), 3 March 10.
\65\ See, e.g., ``China Defends Innovation Policy, but U.S.
Industry Wants Overhaul,'' China Trade Extra (Online), 3 March 10.
\66\ Ministry of Science and Technology, National Development and
Reform Commission, and Ministry of Finance Announcement of Open
Solicitation of Comments on ``Circular Regarding Launch of the National
Indigenous Innovation Product Accreditation Work for 2010 (Comment
Solicitation Draft)'' [Kejibu, fazhangaige wei he caizhengbu gongkai
zhengqiu dui ``guanyu kaizhan 2010 nian guojia zizhu chuangxin chanpin
rending gongzuode tongzhi (zhengqiu yijian gao) yijiande gonggao],
issued 10 April 10.
\67\ Stanley Lubman, ``China Modifies Government Procurement
Policies, but Foreign Concerns Remain,'' Wall Street Journal (Online),
19 April 10.
\68\ ``Industry Comments on the Draft Notice Launching the National
Indigenous Innovation Product Accreditation Work for 2010,'' China
Trade Extra (Online), 10 May 10.
\69\ United States Trade Representative, 2010 Special 301 Report,
30 April 10, 19.
\70\ Ibid.
\71\ Decision of the National People's Congress Standing Committee
Regarding Amendments to the PRC Patent Law [Renda changweihui guanyu
xiugai ``zhonghua renmin gongheguo zhuanlifa'' de jueding], adopted 27
December 08, effective 1 October 09; State Council Decision Concerning
the ``Amendment of the PRC Patent Law Implementing Rules'' [Guowuyuan
guanyu xiugai ``zhonghua renmin gonghe guo zhuanlifa shishi xize'' de
jueding], adopted 30 December 09, issued 9 January 10, effective 1
February 10.
\72\ United States Trade Representative, 2010 Special 301 Report,
30 April 10, 22.
\73\ PRC Copyright Law, enacted 7 September 90, effective 1 June
91, amended 27 October 01 and 26 February 10, art. 5. See also Gao Yu,
``Slow Death for China's Copyright Controversy: A WTO Ruling Targeting
China's Copyright Protection System Sounded the Death Knell for a Long-
Criticized Legal Loophole,'' Caixin (Online), 4 March 10.
\74\ National Copyright Administration, Measures for Registration
of Copyright Pledges (Comment Draft) [Zhuzuoquan zhiquan dengji banfa
(zhengqiu yijian gao)], Xinhua (Online), 26 April 10.
\75\ Supreme People's Court, Annual Report on Intellectual Property
Cases (2009) (Abstract) [Zuigao renmin fayuan zhishi chanquan anjian
niandu baogao (2009) (zhai yao)], 22 April 10, reprinted in China Law &
Practice (Online), May 2010.
\76\ Supreme People's Court, Annual Report on Intellectual Property
Cases (2009) [Zuigao renmin fayuan zhishi chanquan anjian niandu baogao
(2009)], 26 April 10.
\77\ Kathrin Hille, ``Chinese Court Rules Against Microsoft in IPR
Case,'' Financial Times (Online), 17 November 09.
\78\ ``Microsoft Wins Software Piracy Lawsuit in China,'' Global
Times (Online), 23 April 10.
\79\ Loretta Chao, ``China Company Plans To Appeal Microsoft
Decision,'' Wall Street Journal (Online), 23 April 10.
\80\ Ministry of Commerce, Measures Regarding the Declaration of
Concentration of Business Operators [Jingying zhe ji zhong shen bao
banfa], adopted 15 July 09, issued 21 November 09, effective 1 January
10; Ministry of Commerce, Measures Regarding Investigations Into
Concentrations of Business Operators [Jingying zhe ji zhong shencha
banfa], adopted 15 July 09, issued 24 November 09, effective 1 January
10.
\81\ State Administration for Industry and Commerce (Online),
``Online Request for Comments on a Set of Three `Measures of the State
Administration for Industry and Commerce on Preventing Monopolistic
Agreements or Conduct' Implementing the Antimonopoly Law'' [Wangshang
zhengqiu yijian: ``gongshang xingzheng guanli jiguan jinzhi longduan
xieyi xingweide guiding'' deng sange fanlongduan fa peitao guizhang],
25 May 10.
\82\ Sundeep Tucker and Patti Waldmeir, ``The People's Police,''
Financial Times (Online), 29 November 09. See also Ministry of
Commerce, Decision Concerning Conditional Approval in Antimonopoly
Investigation of American Automaker GM's Acquisition of Delphi [Guanyu
fu tiaojian pizhun meiguo tongyong qiche gongsi shougou de'erfu gongsi
fanlongduan shencha jueding], 28 September 09; ``Anti-Monopoly Ministry
Tells Panasonic To Divest Overseas Assets,'' China Law & Practice
(Online), 10 November 09; ``China's MOC Sets Conditions on GM-Delphi
Deal,'' Xinhua (Online), 28 September 09.
\83\ Julia Kong, ``China's Merger Review System Evolves,'' China
Business Review, May-June 10, 38; Ministry of Commerce, Decision
Concerning an Antimonopoly Law Investigation Decision on Conditional
Approval of Novartis's Acquisition of Alcon Laboratories [Guanyu
futiaojian pizhun nuo hua gufen gongsi shougou ai'erkang gongsi
fanlongduan shencha jueding], issued 13 August 10.
\84\ Sundeep Tucker and Patti Waldmeir, ``The People's Police,''
Financial Times (Online), 29 November 09.
\85\ 85 Wentong Zheng, ``China's Antimonopoly Law--One Year Down:
Part 6. Bigger Is Better? Tensions Between Industrial Policy and
Antitrust in China,'' Law Professor Blogs Network, Antitrust &
Competition Policy Blog, 11 January 10. See also Automobile Industry
Development Policy (Revised), which calls for the development of large
auto enterprise groups, and the 2009 Program for the Adjustment and
Rejuvenation of the Auto Industry, which calls for the formation of two
to three large auto groups and four to five smaller ones through a
process of takeovers and reorganization. Ministry of Industry and
Information Technology and National Development and Reform Commission,
Automotive Industry Development Policy (Revised) [Qiche chanye fazhan
zhengce (xiuding)], reprinted in China Law & Practice (Online), issued
15 August 09, effective 1 September 09; State Council General Office,
Program for the Adjustment and Rejuvenation of the Auto Industry [Qiche
chanye tiaozheng he zhenxing guihua], 20 March 09.
\86\ Zhan Hao, ``The PRC Anti-Monopoly Law: One Year On,'' China
Law & Practice (Online), September 2009.
\87\ For a discussion of the Food Safety Law and its implementing
legislation, see CECC, 2009 Annual Report, 10 October 09, 222-23.
\88\ ``China Holds a Public Hearing on `Administrative Regulations
on Supervision of Food Additive Production' '' [Zhongguo tingzheng
``shipin tianjiaji shengchan jiandu guanli guiding''], China News
Service (Online), 23 January 10; Ministry of Health, Administrative
Measures on New Types of Food Additives [Shipin tianjiaji xin pinzhong
guanli banfa], adopted 15 March 10, issued and effective 30 March 10;
Ministry of Health, Ministry of Industry and Information Technology,
State Administration for Industry and Commerce, General Administration
of Quality Supervision, Inspection and Quarantine, and State Food and
Drug Administration, Administrative Regulations of Risk Monitoring of
Food Safety (Trial) [Shipin anquan fengxian jiance guanli guiding
(shixing)], issued and effective 11 February 10; ``State Food and Drug
Administration Issues Implementing Plan on Rectification in Catering
Service Food Safety in 2010'' [Guojia yaojianju fabu ``2010 nian shiyin
fuwu shipin anquan zhengduan gongzuo shishi fang'an'' mingque jinnian
zhengduan renwu quebao yinshi anquan], Legal Daily (Online), 22 March
10; State Council Circular Regarding the Establishment of the Food
Safety Commission of the State Council [Guowuyuan guanyu sheli
guowuyuan shipin anquan weiyuanhui de tongzhi], issued 6 February 10;
``State Council To Set Up Food Safety Commission: Li Keqiang Named
Director'' [Guowuyuan sheli shipin anquan weiyuanhue li keqiang churen
zhuren], China News Service (Online), 9 February 10.
\89\ ``The Hidden Dangers Within China's Food Safety'' [Zhongguo
shipin anquan you yinhuan], Radio Free Asia (Online), 14 April 10.
\90\ Ibid.
\91\ CECC, 2009 Annual Report, 10 October 09, 221.
\92\ ``Rights Defender Zhao Lianhai Wears Fetters to Court as
Tainted Milk Victim Becomes Defendant'' [Zhao lianhai weiquan dai
jiaoliao chuting du naifen shouhaizhe cheng beigao], Radio Free Asia
(Online), 30 March 10; ``Tainted Milk Activist Goes on Trial in
China,'' Associated Press (Online), 30 March 10.
\93\ Wang Duan, ``Tainted Milk Victims Take Fight to Hong Kong,''
Caixin (Online), 6 May 10; ``Sanlu Milk Powder Victims Go to Hong Kong
To Seek Justice'' [Sanlu naifen shouhaizhe dao xianggang xunqiu
gongdao], Radio Free Asia (Online), 9 April 10.
\94\ ``Hong Kong Court Refuses `Tainted Milk Powder Case,' Family
Members Indicate [Children's] Irreversible Kidney Damage'' [Xianggang
fayuan ju shouli ``du naifen'' suopei jiazhang zhi shen sunshang buke
nizhuan], Radio Free Asia (Online), 27 May 10.
\95\ ``English Consumers Receive Compensation for Toxic Sofas
Manufactured in China'' [Yinhan du zhongguo zhe shafa shouhaizhi
yingguo xiaofeizhe huo peichan], Radio Free Asia, 27 April 10; ``China
Will Look Into Report of Cadmium in Children's Jewelry,'' USA Today
(Online), 10 January 10; Karen Sloan, ``A Second Award in Chinese
Drywall Litigation,'' National Law Journal (Online), 29 April 10.
\96\ ``China To Implement `Blacklist' System for Enterprises With
Illegal Quality Behaviors'' [Wo guo jiang quan mian shishi zhiliang we
fa wir gui qiye ``hei mingdan'' zhidu], Xinhua (Online), 11 January 10;
``AQSIQ To Issue Recall System for Home Appliances Within the Year''
[Zhijian zongju ni nian nei chutai jiadian zhaohui zhidu], China Legal
Information Center (Online), 23 April 10.
\97\ PRC Tort Liability Law, enacted 26 December 09, effective 1
July 10.
\98\ Ibid., chap. 5.
\99\ Ibid., chap. 5, art. 47.
\100\ General Agreement on Tariffs and Trade, 30 October 47, 61
Stat. A-11, T.I.A.S. 1700, 55 U.N.T.S. 194, art. XV(4).
\101\ Articles of Agreement of the International Monetary Fund, 22
July 44, entry into force 27 December 45, art. IV--Obligations
Regarding Exchange Arrangements, Section I--General Obligations of
Members, subsection (iii), International Monetary Fund (Online).
\102\ Wayne M. Morrison and Marc Labonte, Congressional Research
Service (Online), ``China's Currency: An Analysis of the Economic
Issues,'' 18 August 10, 1.
\103\ Paul Krugman, ``Chinese New Year,'' New York Times (Online),
1 January 10.
\104\ Wayne M. Morrison and Marc Labonte, Congressional Research
Service (Online), ``China's Currency: An Analysis of the Economic
Issues,'' 18 August 10, 1; Jason Subler and Lu Jianxin, ``China Loosens
Currency Grip as G20 Summit Looms,'' Reuters (Online), 21 June 10;
Michael Casey, ``Showdown Looms Over China's Currency at G-20,'' Wall
Street Journal (Online), 11 June 10.
\105\ U.S. Department of the Treasury, Report to Congress on
International Economic and Exchange Rate Policies, 8 July 10, 5.
\106\ United States Trade Representative, ``WTO Case Challenging
China's Export Restraints on Raw Materials Inputs,'' June 2009.
\107\ World Trade Organization, Protocol on the Accession of the
People's Republic of China, WT/L/432, 10 November 01, Part I, 11.3, and
Annex 6; World Trade Organization, Report of the Working Party on the
Accession of China WT/ACC/CHN/49, 1 October 01, paras. 162, 165.
\108\ United States Trade Representative, 2010 National Trade
Estimate on Foreign Trade Barriers-China, 67.
\109\ World Trade Organization, DS394, China--Measures Related to
the Exportation of Various Raw Materials; ``U.S., EU, Mexico File Panel
Request on China Raw Materials Curbs,'' China Trade Extra (Online), 4
November 09; United States Trade Representative, 2010 National Trade
Estimate on Foreign Trade Barriers-China, 67; United States Trade
Representative, ``United States Requests WTO Panel Against China Over
Export Restraints on Raw Materials,'' November 2009.
\110\ World Trade Organization, DS394, WT/DS394/8, WT/DS395/8, WT/
DS398/7, China--Measures Related to the Exportation of Various Raw
Materials, Constitution of the Panel Established at the Requests of the
United States, the European Communities and Mexico, Note by the
Secretariat, 30 March 10.
\111\ World Trade Organization, DS394, WT/DS394/8, WT/DS395/8, WT/
DS398/7, China--Measures Related to the Exportation of Various Raw
Materials, Communication From the Panel, 18 May 10.
\112\ ``U.S., EU, Mexico File Panel Request on China Raw Materials
Curbs,'' China Trade Extra (Online), 4 November 09; Ambrose Evans-
Pritchard, ``Backlash Over China Curb on Metal Exports,'' Telegraph
(London) (Online), 29 August 10.
\113\ Ambrose Evans-Pritchard, ``Backlash Over China Curb on Metal
Exports,'' Telegraph (London) (Online), 29 August 10. See also,
Ministry of Commerce, ``U.S. Media Believe China's Strict Control of
the Rare Earths Market Is Not Worth the Effort'' [Mei ti renwei
zhongguo yankong xitu shichang debuchangshi], 20 August 10.
\114\ ``Key China Commission Recommendations Aims at Trade
Frictions,'' China Trade Extra (Online), 15 November 09. See also
United States Trade Representative, 2010 National Trade Estimate on
Foreign Trade Barriers-China, 67, 82.
\115\ ``Foreigners Invest in Rare Earth Deep Processing in China,''
People's Daily (Online), 9 August 10. (In 2009, China's rare earth ore
output hit 129,400 tons and refined and separated rare earth product
output stood at 127,300 tons, supplying over 95 percent of the global
demand.) Ambrose Evans-Pritchard, ``Backlash Over China Curb on Metal
Exports,'' Telegraph (London) (Online), 29 August 10.
\116\ ``China Dangles Rare-Earth Resources To Lure Investment,''
Wall Street Journal (Online), 15 August 10. See also Zhang Qi'an,
``Five Ore Industry Associations: Do Not Excessively Restrict Rare
Earths Exports'' [Wu kuang shanghui: buying guofen xianzhi xitu
chukou], Caijing (Online), 23 August 10. For details on the quotas, see
Ministry of Commerce, Circular Concerning Transmitting the Second
Tranche of Rare Earth Export Quotas for 2010 [Shangwubu guanyu xiada
2010 nian di'er pi yiban maoyi xitu chukou pei'e de tongzhi], 5 July
10.
\117\ Zhang Qi, `` `Bigger Say' Set on Rare Earths Market,'' China
Daily (Online), 10 August 10.
\118\ Ministry of Commerce, Foreign Investment Industry Guidance
Catalogue (Revised 2007): Prohibited to Foreign Investment Catalogue
[Waishang touzi chanye zhidao mulu (2007 nian xiuding) jinzhi waishang
touzi chanye mulu], 5 May 09, art. (II)(3)(ii).
\119\ Ibid., art. (III)(10)(iii).
\120\ PRC Constitution, adopted 4 December 82, amended 12 April 88,
29 March 93, 15 March 99, 14 March 04, art. 10.
\121\ PRC Property Law, enacted 16 March 07, effective 1 October
07, art. 47.
\122\ PRC Granting and Assigning Leaseholds in State-Owned Urban
Land Tentative Regulations, issued and effective 19 May 90, art. 12.
\123\ PRC Constitution, adopted 4 December 82, amended 12 April 88,
29 March 93, 15 March 99, 14 March 04, art. 10; PRC Property Law,
enacted 16 March 07, effective 1 October 07, arts. 61-64; PRC Law on
Land Contract in Rural Areas, enacted 29 March 02, effective 1 March
03, arts. 5, 12, 20; Steve Dickinson, ``China Real Estate Laws, Part
I,'' China Law Blog (Online), 1 May 07.
\124\ See, e.g., Qian Yanfeng, ``Shanghai Residents Fight Forced
Demolitions,'' China Daily (Online), 26 February 10; Chinese Human
Rights Defenders (Online), ``Thrown Out: Human Rights Abuses in China's
Breakneck Real Estate Development,'' 9 February 10; Qin Zhongwei,
``Partial Victory in Demolition Fight,'' China Daily (Online), 9 March
10; Chinese Human Rights Defenders (Online), ``On the Eve of the World
Expo, Shanghai Resident Meng Shaojie and Family Encounter Violent
Forced Demolition'' [Shibo hui qianxi shanghai meng shaojie yijia zaoyu
baoli qiangchai], 19 April 10; Wang Xiang, ``Forced Demolition Leads to
11 Years in Jail,'' Shanghai Daily (Online), 21 April 10; Chinese Human
Rights Defenders (Online), ``Violent Forced Relocation in Beijing''
[Fasheng zai beijing de bao li bi qian], 26 April 10; Chinese Human
Rights Defenders (Online), ``Police Open Fire on Villagers Trying To
Stop Forced Demolition in Fangcheng, Guangxi'' [Guangxi fangcheng
jingcha kaiqiang dashang zulan qiang chai de minchuang], 26 April 10.
\125\ International Federation for Human Rights (Online), ``Written
Statement on the Right to Housing in China,'' 25 June 07. See also
Centre on Housing Rights and Evictions (Online), ``Submission to the
Office of the High Commissioner for Human Rights,'' September 2008.
\126\ Zhu Keliang and Roy Prosterman, Center for Global Liberty &
Prosperity, Cato Institute, ``Securing Land Use Rights for Chinese
Farmers: A Leap Forward for Stability and Growth,'' Development Policy
Analysis, No. 3, 15 October 07, 1; China Urgent Action Working Group,
``Papering Over the Cracks: Reform of the Forced Eviction Regime in
China,'' 29 March 10, 6.
\127\ Michael Vines and Jonathan Ansfield, ``Trampled in a Land
Rush, Chinese Resist,'' New York Times (Online), 26 May 10.
\128\ Ibid.
\129\ William Ide, ``Analysts: US-China Debate Over Currency Misses
Larger Issues,'' Voice of America News (Online), 15 April 10; Derek
Scissors, Heritage Foundation (Online), ``10 China Myths for the New
Decade, Backgrounder 2366,'' 28 January 10.
\130\ Chinese Human Rights Defenders (Online), ``Thrown Out: Human
Rights Abuses in China's Breakneck Real Estate Development,'' 9
February 10.
\131\ Ibid.; ``Prevent Violent Demolition,'' China Daily (Online)
10 April 10;
\132\ International Covenant on Economic, Social and Cultural
Rights, General Comment No. 4: The Right to Adequate Housing (art.
11(1)) 13 December 91, para. 18.
\133\ China Urgent Action Working Group, ``Papering Over the
Cracks: Reform of the Forced Eviction Regime in China,'' 29 March 10,
9.
\134\ PRC Property Law, enacted 16 March 07, effective 1 October
07, art. 42.
\135\ Chinese Human Rights Defenders (Online), ``Thrown Out, Human
Rights Abuses in China's Breakneck Real Estate Development,'' 9
February 10.
\136\ PRC Law on Administration of Urban Real Property, issued and
effective 30 August 07.
\137\ Chinese Human Rights Defenders (Online), ``Thrown Out: Human
Rights Abuses in China's Breakneck Real Estate Development,'' 9
February 10; Qian Yanfeng, ``Shanghai Residents Fight Forced
Demolitions,'' China Daily (Online), 26 February 10; Chinese Human
Rights Defenders (Online), ``On the Eve of the World Expo, Shanghai
Resident Meng Shaojie and Family Encounter Violent Forced Demolition''
[Shibohui qianxi shanghai meng shaojie yijia zaoyu baoli qiangchai], 19
April 10; Wang Xiang, ``Forced Demolition Leads to 11 Years in Jail,''
Shanghai Daily (Online), 21 April 10; Chinese Human Rights Defenders
(Online), ``Violent Forced Relocation in Beijing'' [Fasheng zai beijing
de baoli biqian], 26 April 10; Chinese Human Rights Defenders (Online),
``Police Open Fire on Villagers Trying To Stop Forced Demolition in
Fangcheng, Guangxi'' [Guangxi fangcheng jingcha kaiqiang dashang zulan
qiang chai de minzhong], 26 April 10.
\138\ Chinese Human Rights Defenders (Online), ``Thrown Out: Human
Rights Abuses in China's Breakneck Real Estate Development,'' 9
February 10, 5-7.
\139\ For a report on several specific cases, see Chinese Human
Rights Defenders (Online), ``Thrown Out: Human Rights Abuses in China's
Breakneck Real Estate Development,'' 9 February 10. See also Qian
Yanfeng, ``Shanghai Residents Fight Forced Demolitions,'' China Daily
(Online), 26 February 10; Chinese Human Rights Defenders (Online),
``Police Open Fire on Villagers Trying To Stop Forced Demolition in
Fangcheng, Guangxi'' [Guangxi fangcheng jingcha kai qiang dashang zu
lan qiangchai de minzhong], 26 April 10; Malcolm Moore, ``Chinese
Granny Buried Alive by Property Developers,'' Telegraph (Online), 6
March 10; Chinese Human Rights Defenders (Online), ``Violent Forced
Relocation in Beijing'' [Fasheng zai beijing de baoli biqian], 26 April
10.
\140\ Chinese Human Rights Defenders (Online), ``Thrown Out: Human
Rights Abuses in China's Breakneck Real Estate Development,'' 9
February 10, 1; Huang Zhiling and Liu Weitao, ``Burning Issue,'' China
Daily (Online), 8 December 09; Michael Wines and Jonathan Ansfield,
``Trampled in a Land Rush, Chinese Resist,'' New York Times (Online),
26 May 10; Roger Cohen, ``A Woman Burns,'' New York Times (Online), 25
January 10.
\141\ Huang Zhiling and Liu Weitao, ``Burning Issue,'' China Daily
(Online), 8 December 09.
\142\ China Urgent Action Working Group, ``Papering Over the
Cracks: Reform of the Forced Eviction Regime in China,'' 29 March 10,
9; Tania Branigan, ``China Moves To Stop Developers Forcing People From
Homes With Violence,'' Guardian (Online), 28 January 10;
\143\ State Council Legislative Affairs Office, Provisions
Governing the Requisition and Compensation of State-Owned Land (Comment
Draft) [Guoyou tudi shang fangwu zhengshou yu buchang tiaoli (zhengqiu
yijian gao)], issued 29 January 10.
\144\ Ibid., arts. 2, 3.
\145\ State Council Legislative Affairs Office, Provisions
Governing the Requisition and Compensation of State-Owned Land (Comment
Draft) [Guoyou tudi shang fangwu zhengshou yu buchang tiaoli (zhengqiu
yijian gao)], issued 29 January 10, art. 40; ``Demolition Law
Criticized,'' China Daily (Online), 2 February 10.
\146\ Tania Branigan, ``China Moves To Stop Developers Forcing
People From Homes With Violence,'' Guardian (Online), 29 January 10;
``Demolition Law Criticized,'' China Daily (Online), 2 February 10;
``Laws for Seizing Land May Change,'' China Daily, reprinted in Sina
(Online), 30 January 10.
\147\ Mandy Zuo, ``Revision of Demolition Law Put on Back-Burner,''
South China Morning Post (Online), 26 July 10.
\148\ Ibid.; State Council General Office Emergency Circular
Regarding Improving Strict Management of Land Requisition and
Demolition Work and Earnest Protection of the Legal Rights of Citizens
[Guowuyuan bangongting guanyu jin yibu yange zheng di chaiqian guanli
gongzuo qieshi weihu qunzhong hefa quanyi de jinji tongzhi], issued 15
May 10; Ministry of Land and Resources Circular Concerning Improving
the Accomplishment of Land Requisition Work [Guotu ziyuan bu guanyu
jinyibu zuohao zheng di guanli gongzuo de tongzhi], issued 26 July 10.
\149\ ``New Demolition Payment Rules Are Coming,'' China Daily
(Online), 26 May 10.
\150\ Chinese Urgent Action Working Group, ``Papering Over the
Cracks: Reform of the Forced Eviction Regime in China,'' 29 March 10,
39-40.
\151\ Ibid., 40.
\152\ PRC Law on Land Contract in Rural Areas, enacted 29 August
02, effective 1 March 03, art. 20.
\153\ Chinese Urgent Action Working Group, ``Papering Over the
Cracks: Reform of the Forced Eviction Regime in China,'' 29 March 10,
44.
\154\ Ibid., 47.
\155\ PRC Property Law, enacted 16 March 07, effective 1 October
07, art. 42.
\156\ Chinese Urgent Action Working Group, ``Papering Over the
Cracks: Reform of the Forced Eviction Regime in China,'' 29 March 10,
48.
\157\ ``China Issues Rules To Prevent Officials Meddling in Real
Estate Affairs,'' Xinhua (Online), 18 May 10.
\158\ Aaron Back, ``China Should Adopt a Property Ownership Tax--
Think Tank,'' Dow Jones, reprinted in Wall Street Journal (Online), 4
May 10.
\159\ State Council General Office Circular Concerning Promotion of
Stable and Healthy Development of the Real Estate Market [Guowuyuan
bangongting guanyu cujin fang di chan shichang, ping wen jiankang
fazhan de tongzhi], 7 January 10; ``Chinese Gov't Tightens Property
Rules,'' Global Times, reprinted in Sina (Online), 11 January 10.
\160\ State Council Circular on Determined Suppression of the
Exceedingly Rapid Rise of Certain Urban Housing Prices [Guowuyuan
guanyu jianjue ezhi bufen chengshi fangjia guokuai shangzhang de
tongzhi], issued 17 April 10.
\161\ ``Bank of China: In Principle Temporarily Stop Issuing
Housing Loans for Third Homes and Above'' [Zhonghang: yuanze shang zan
ting fa fang di san tao yishang zhu fang daikuan], Xinhua (Online), 23
April 10.
\162\ ``China Said To Block Real Estate Fund-Raising,'' New York
Times (Online), 28 April 10.
\163\ Ministry of Land and Resources Circular on Issues Relevant To
Strengthening the Supply and Regulation of Land Use for Real Property
[Guotu ziyuan bu guanyu jiaqiang fangdichan yongdi gongying he jianquan
youguan wenti de tongzhi], issued 8 March 10.
\164\ ``Beijing To Prohibit Sales of `Hotel Apartments' Beginning
Next Month'' [Beijing xia yue qi jin shou ``jiudian shi gongyu''],
Caijing (Online), 20 May 10; Yu Bingbing, ``Beijing To Issue New Real
Estate Policy on April 28, Limits Set on Number of Houses in the Name
of Local Residents'' [Beijing jiang tui shou ge defang loushi xinzheng
chuan xianzhi jumin gou fang tao shu], Xinmin Evening News, reprinted
in China Securities Network (Online), 28 April 10; Sandy Li, ``Shanghai
Plans Tax To Slow Down Home Prices, City Follows Chongqing's Lead in
Effort To Curb Speculation,'' South China Morning Post (Online), 9
April 10; ``Real Estate Rules Prove Effective in Hainan,'' China Law &
Practice (Online), April 2010.
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