Tianmu News:

My question is concerning antitrust regulation. This June, the NPC Standing Committee adopted an amendment to the Anti-Monopoly Law, which will take effect on Aug. 1. The new Anti-Unfair Competition Law is also being revised. What achievements have been made in the fields of anti-monopoly and anti-unfair competition work? And going forward, what will be the future considerations? Thank you.

Gan Lin:

Thank you for your interest in competition supervision, especially the enforcement of anti-monopoly and anti-unfair competition laws. The more the market economy develops, the more important fair competition is. Since the 18th CPC National Congress, under the strong leadership of the CPC Central Committee with Comrade Xi Jinping at its core, we have worked unswervingly both to consolidate and develop the public sector and to encourage, support and guide development of the non-public sector. We have pursued standardization in development while seeking development in standardization, creating a better environment for competition and broader space for development for all types of market entities. Just now, you asked about our achievements in the past decade. I will elaborate on them from the following four aspects:

Over the past decade, China has formulated more equitable, transparent, and predictable competition rules. The country has completed an amendment to the Anti-monopoly Law to make it more compatible with the socialist market economy. This is the first time that a law was amended for the first time after 14 years of implementation. The amended law will come into force on August 1, 2022. Today's press conference provides a valuable opportunity for us to intensify publicity in this field. Therefore, I would like to express my appreciation to all the law enforcement authorities present here. In recent years, China has twice amended the Anti-Unfair Competition Law and formulated seven supporting regulations and eight anti-monopoly guidelines in areas such as platform economy and IPR protection. The CPC Central Committee has formulated a guideline document for the first time on strengthening anti-monopoly and further promoting the implementation of fair competition policies, which clarifies the top-level design and strategic direction for fair competition. Meanwhile, we have enhanced policy explanation, publicity, and guidance to improve the transparency and predictability of supervision and law enforcement.

Over the past decade, China has embarked on a new stage in building efficient and orderly market competition. During this period, we have investigated and handled in accordance with the law 794 cases involving monopolistic practices and 234,000 cases related to unfair competition and concluded 3,822 cases involving the consolidation of operators. As a result, illegal competition in areas such as platform economy, medicine, and public utilities has been prevented and curbed in time. We have also fully implemented the review system to ensure fair competition, reviewed 4.68 million policy documents, and corrected and abolished 53,000 ones that eliminate or stifle competition. By doing so, we have strongly boosted the development of a unified domestic market and created a favorable system to promote the coordinated development of enterprises under all forms of ownership of all sizes.

Over the past decade, China has made progress in promoting the reform of the regulatory system and mechanisms. Just now, Mr. Tang introduced me to you as commissioner of the State Anti-Monopoly Bureau. Following the reform of the regulatory system and mechanisms, China established the State Administration for Market Regulation to realize the unification of anti-monopoly law enforcement. Last year, the State Anti-Monopoly Bureau was set up in the same building as the State Administration of Market Regulation to further strengthen anti-monopoly supervision and improve the working mechanism of the Anti-Monopoly Commission of the State Council. Also, we set up the inter-departmental joint meeting mechanism for combating unfair competition and applying fair competition reviews. All the ministries and ministerial-level commissions present here are our members. Meanwhile, we have strengthened coordination between central and local governments to increase the overall effectiveness of anti-monopoly supervision.

Over the past decade, China has scaled new heights by participating in global competition governance. The country has signed cooperation documents with 35 countries and regions, including the United States, the European Union, Russia, and Japan, and has added a separate chapter for competition policy in 10 free trade agreements (FTAs), including RCEP and the China-ROK FTA. Last year, we successfully held the 7th BRICS International Competition Conference. China now ranks among the world's top three anti-monopoly jurisdictions, together with the US and the EU.

Next, we will fully implement the decisions and plans of the CPC Central Committee and the State Council and strike a good balance between strengthening supervision and promoting development. We will also improve high-quality competition supervision and enforcement to translate soft power into hard power and fair competition into innovative development.

Thank you.

China Daily:

We notice that in recent years procuratorial organs have worked hard to advance the public hearing system. What kind of cases will be publicly heard? What role do public hearings play in procuratorial work? Thank you.

Chen Guoqing:

In recent years, procuratorial organs have deepened procuratorial reform by carrying out public hearings on difficult and complicated cases to encourage extensive public participation in social governance. This represents a major measure taken by the people's procuratorates to conduct whole-process democracy and effectively resolve the troubles and pains of the people. 

During handling cases of various types, procuratorial organs should take measures to ensure that all cases in need could be publicly heard as appropriate. For non-prosecution cases, criminal appeal cases, civil and administrative litigation supervision cases, and public interest litigation cases, if they are in dispute over the findings of fact, the application of law, and the handling of cases, or if they have huge implications, public hearings should be held for prosecutors to hear opinions directly from litigants and other personnel involved.

Since 2020, procuratorial organs have carried out public hearings on more than 216,000 cases that covered four major procuratorial functions regarding criminal, civil, administrative, and public interest litigation and 10 major procuratorial activities (including those against commonplace criminal offenses, serious criminal offenses, work-related offenses, economic offenses, juvenile delinquency, and those involving inspections of the enforcement of penal decisions, civil litigation, administrative litigation, public interest litigation, and accusation and appeal). The public hearing system has effectively enhanced judicial transparency and justice and helped illustrate the law and defuse social tensions so as to better achieve our purpose of administrating justice for the people.

In particular, the procurators-general of the people's procuratorates at all levels have taken the lead in chairing public hearings and releasing information on the judicial process and the legal basis. By doing so, they were able to illustrate the law in a way that people can see and understand.  

Since 2020, leading officials of the SPP have chaired public hearings on 15 major and difficult cases. For example, a criminal appeal case in Fujian province was very difficult and complicated because it involved both civil and criminal litigation. SPP Procurator-General Zhang Jun chaired a public hearing on this case, conducted deep and profound communication, and illustrated the law in person with the appellant, the person not to be prosecuted, and their attorney agents. After the hearing, both parties signed a conciliation agreement. In this way, appeals and complaints could be resolved as appropriate with cases settled and conciliation reached. 

Of the public hearings held by the three levels of local procuratorates, 10.2% are chaired by the procurators-general. As a result, the handling rate of social problems and disputes has risen significantly. In 2021, the rate of procuratorial organs nationwide preventing and handling social problems and disputes through public hearings reached 95.6%. We have successfully settled many cases that were long on the agenda but never resolved. Thank you.

Chen Wenjun:

Thanks to our speakers as well as friends from the press. Today's press conference concludes here.

Translated and edited by Zhou Jing, Liu Sitong, Yuan Fang, Zhang Rui, Zhang Tingting, Zhang Junmian, Ma Yujia, Xu Kailin, Qin Qi, Li Xiao, Wang Qian, Wang Yiming, Li Huiru, David Ball, Tom Arnsten, and Jay Birbeck. In case of any discrepancy between the English and Chinese texts, the Chinese version is deemed to prevail.

Related

Go to Forum >>0 Comment(s)