File #2669: "2019_Book_RuleOfLawInChina.pdf"
Text
1|Series Preface|6
1|Preface: Rule of Law in China—Current Status, Challenges and Outlook|8
2|Evaluations of the Current Status of Rule of Law in China|8
2|Major Challenges Faced by China in Building the Rule of Law|15
2|Future Development of Rule of Law in China|17
1|Acknowledgements|25
1|Contents|27
1|General Report on China’s Rule of Law 2002–2012|28
2|1 Legislative Work|29
3|1.1 Fully Exercise Legislative Powers and Form a Socialist System of Law with Chinese Characteristics|29
3|1.2 Adjust the Legislative Structure and Realize the Overall and Coordinated Development of Legislation|30
3|1.3 Highlight “Enactment, Revision and Abolition”, Combines the Creation of Laws with the Improvement of Laws|33
3|1.4 Strengthen Participation in Legislation, Realize Democratic and Scientific Legislation|34
3|1.5 Focus on Law Enforcement, Timely Formulate Supporting Laws and Regulations|35
3|1.6 Keep Improving Law and Regulation Review, Strengthen Law and Regulation Sorting|36
3|1.7 Interpret the Basic Law, Provide a Legal Guarantee for Better Implementing the “One Country, Two Systems” Policy|37
2|2 Administrative Rule of Law|38
3|2.1 Reform the Administrative Approval System|39
3|2.2 Deepen Administrative System Reform|40
3|2.3 Promote Government Information Disclosure|44
3|2.4 Regulate Administrative Power Operation|46
3|2.5 Improve Administrative Accountability|47
3|2.6 Administrative Enforcement Acts Have Been Further Regulated|48
3|2.7 Improve Laws and Regulations and Guarantee the Rights|49
3|2.8 Improve the Administrative Reconsideration System for Administrative Litigation|50
2|3 Judicial Reform|51
3|3.1 Actively Improve Case Quality|54
3|3.2 Push Forward Judicial Publicity|55
3|3.3 Conduct Specific Rectification of Difficult Enforcement|56
3|3.4 Strengthen the Supervision Over Behaviors of Judicial Personnel|58
3|3.5 Improve the System of People’s Assessors|58
3|3.6 Regulate and Clean up Judicial Interpretations|59
3|3.7 Improve the Diversified Dispute Settlement Mechanism|60
2|4 Incorruptible Government Under the Rule of Law|61
3|4.1 Improve the Institutional Building for Corruption Prevention|61
3|4.2 Improve the Supervision Over Clean Governance|62
3|4.3 Reinforce Supervision and Case Investigation and Handling|64
3|4.4 Regulate Public Consumption|64
3|4.5 Strengthen the Building of Clean Governance Under the Rule of Law in Social Field|65
2|5 Rule of Criminal Law|66
3|5.1 Take Back the Death Penalty Approval Power|66
3|5.2 Further Safeguard the Rights of Litigants|67
3|5.3 Implement the Criminal Policy of Combining Punishment with Leniency|68
3|5.4 Keep Improving the Criminal Defense System|69
3|5.5 Keep Deepening and Implementing Community-Based Corrections|69
2|6 Rule of Civil, Commercial and Economic Laws|70
3|6.1 Rule of Civil Law|70
3|6.2 Rule of Commercial Law|72
3|6.3 Rule of Economic Law|73
3|6.4 Rule of Intellectual Property Law|76
2|7 Rule of Social Law|77
3|7.1 Strengthen the Protection of the Rights and Interests of Laborers|78
3|7.2 Strengthen the Social Security System|79
3|7.3 Improve the Food Safety Supervision and Management Level|80
3|7.4 Step Up Efforts in Environmental Protection and Improvement|81
2|8 Foreign-Related Rule of Law|83
3|8.1 Use the Law to Maintain National Rights and Interests|83
3|8.2 Conduct International Legal Cooperation in Multiple Areas|84
3|8.3 Actively Fulfill International Legal Obligations|85
3|8.4 Strengthen the Application of Foreign-Related Civil and Commercial Law|86
3|8.5 Intensify Regional Cooperation in Economy and Trade|86
2|9 Problem and Prospect|87
1|Judicial Reform 2002–2012|90
2|1 Reform of Judicial Institution Setup|91
2|2 Reform of Judicial Resource Management System|92
3|2.1 Advance Classified Management of Judicial Personnel|92
3|2.2 Advance the Responsibility System for Case Handling|94
3|2.3 Improve the Occupation Guarantee for Judicial Personnel|96
3|2.4 Establish Fiscal Support Mechanism for the Political and Legal System|96
2|3 Regulate the Exercise of Judicial Powers|97
2|4 Advance Judicial Openness|99
2|5 Improve the System of People’s Assessors and Develop Judicial Democracy|101
3|5.1 Perfect the Selection and Appointment Procedures and Increase the Number of People’s Assessors|101
3|5.2 Expand the Scope of Cases with People’s Assessors With the Increasing Number of the Cases|102
2|6 Strengthen the Legal Supervision of Procuratorial Organs|103
3|6.1 Reinforce the Supervision over Criminal Lawsuits|103
3|6.2 Beef Up the Supervision Over Civil and Administrative Proceedings|105
3|6.3 Consolidate Internal Supervision of Procuratorial Organs|106
2|7 Strengthen Adjudicatory Function and Advance the Court Hearing System Reform|106
3|7.1 Stipulate the Principle of Evidence-Based Conviction and the Elimination of Illegal Evidence|107
3|7.2 Establish the Audio and Video Recording Mechanism for the Entire Court Hearing Process|107
3|7.3 Set Up the Leniency System for Plea of Guilty and Acceptance of Punishment|108
3|7.4 Promote the Reform for Sentencing Standardization|109
3|7.5 Initially Establish the Case Guidance System|111
3|7.6 Pay Attention to the Mediation Function of Civil Courts|111
2|8 Strengthen Judicial Guarantee for Human Rights|112
3|8.1 Make Audio and Video Recordings of Inquiries to Prevent and Contain Forced Confession|112
3|8.2 Guarantee the Litigation Rights of Criminal Suspects and Defendants with the Right to Defense at the Center|113
3|8.3 Guarantee Lawyers’ Professional Rights|114
3|8.4 Strengthen the Protection of the Rights and Interests of Juvenile Criminal Suspects and Defendants|115
3|8.5 Strictly Control and Carefully Apply Death Penalty|116
3|8.6 The Community-Based Correction System From Pilot Implementation to Continuous Improvement|117
3|8.7 Complete the State Compensation System|119
3|8.8 Preliminarily Establish the Judicial Relief System|120
3|8.9 Expand the Scope and Form of Legal Aid|121
3|8.10 Prevent and Correct Unjust, False and Erroneous Cases|122
2|9 Key Points and Characteristics of China’s Judicial Reform|123
3|9.1 Stick to the Leadership of the Communist Party of China|123
3|9.2 Reform Path Combining Upper Level Promotion and Grass-Roots Experience|124
3|9.3 Influence of the Judicial Evaluation and Assessment System on the Result of Reform|124
3|9.4 Value the Social Effect of Judicial Efficiency and Judgment|125
3|9.5 The Development of Computer and Internet has Boosted the Reform Process and Explored the Reform Mode|127
2|10 Conclusion|128
2|References|129
1|Institutional Reform|130
2|1 Driving Force Behind China’s Institutional Reform|130
3|1.1 Requirement of Market Economic Development|130
3|1.2 Requirement of the Transformation of Government Functions|131
3|1.3 Pressure of Globalization and International Competition|132
2|2 10-Year Practices in Institutional Reform|133
3|2.1 Documents on Institutional Reform over the 2002–2012 Period|134
3|2.2 Institutional Reform of the State Council|138
3|2.3 Simultaneously Carry Out Local Institutional Reform|143
2|3 Gains and Losses of the Institutional Reform over the 2002–2012 Period|148
3|3.1 Experience Accumulated in the 10-Year Institutional Reform|149
3|3.2 Bottlenecks and Challenges Encountered in the 10-Year Institutional Reform|156
2|4 Law-Based Path of Institutional Reform|159
3|4.1 Meticulous Theoretical Demonstration|159
3|4.2 Well-Balanced Top-Level Design|160
3|4.3 The Law Enforcement Agencies Shall Develop Toward Independent|162
3|4.4 Promote the Legalization of Institutional Reform|163
2|Reference|164
1|Legal Protection of Children in China 2002–2012|165
2|1 Changes in Child Protection Concepts|165
2|2 Insight into the Rule of Law for Child Protection|169
3|2.1 Development of Legal Policies on Child Protection|170
3|2.2 Implementation of Child Protection Law|178
2|3 Issues in Law-Based Child Protection Practices|186
3|3.1 Child Welfare Concept is Not yet Deeply Rooted in the Hearts of the People|186
3|3.2 Protruding Structural Issues Related to Child Protection|187
3|3.3 The Legal System for Child Protection Is Imperfect|187
3|3.4 Judicial Protection of Children’s Rights Is Highlighted in Criminal Cases|188
3|3.5 Child Welfare Service Assurance is in Its Preliminary Stage|189
3|3.6 Procedural Dilemma Exists in Civil Trial of Juveniles|189
3|3.7 There is a Lack of Juvenile Delinquency Prevention Mechanisms and Correction Measures|190
2|4 Prospect for the Development of the Rule of Law for Child Protection|190
2|Appendix: Major Events in Legislations and Rule of Law, 2002–2012|193
2|References|196
1|Providing Healthcare Security in Rural China|197
2|1 Social Background of Rural Medical Security|197
3|1.1 Importance of Rural Medical Security|198
3|1.2 Necessity for the Implementation of Rural Medical Security|201
2|2 Development Process of Rural Medical Security|203
3|2.1 Rise and Fall of Rural Cooperative Medical System|203
3|2.2 Emergence and Development of the NRCMS|206
2|3 Major Problems in Rural Medical Security|208
3|3.1 NRCMS Fails to Reach the Medical Security Level|208
3|3.2 NRCMS Fails to Address Social Unfairness|210
3|3.3 Low Reimbursement Level Fails to Meet the Demand for Security|212
2|4 Countermeasures and Suggestions for Rural Medical Security|214
3|4.1 Define Government Responsibility and Increase Financial Input|214
3|4.2 Reverse the Profit-Seeking Tendency of Hospitals and Make Them Return Back to the Public Benefit Track|218
3|4.3 Promote an Integrated Development of the NRCMS and Social Medical Insurance|220
3|4.4 Rationally Allocate Health Resources, with Appropriate Priority to Rural Areas|224
3|4.5 Expand the Proportion and Scope of Reimbursement and Increase the Level of Medical Security Services|227
3|4.6 Prevent and Control Simultaneously and Establish a Disease Prevention and Control Network|228
2|5 Conclusion|230
2|References|231
1|Issues in Land Circulation Through Contractual Land Management Systems in Rural China|235
2|1 Trends in Circulation of Rural Land Management Contracts|236
3|1.1 Pioneers in Land Circulation: Woodland Takes the Lead and Establishment of Centers for Forestry Property Right Exchange|236
2|2 Circulation Overview: Continuous Growth in Size and Speed, with Obvious Unbalance Between Regions|241
3|2.1 Early Development: Accelerated Growth|241
3|2.2 After 2008: Continuous Acceleration Amid Ups and Downs|241
3|2.3 Eastern, Central and Western Regions: Notable Imbalance|243
2|3 Circulation Models: Diversification and Scaling-up|244
3|3.1 Individual Subcontracting and Leasing Was for a Long Time the Main Forms of Rural Land Circulation|244
3|3.2 The Growing Popularity of Becoming Land Stake-Holder by Means of Land Management Contract|245
3|3.3 Open Markets for Rural Land Transfer Are Established|246
2|4 Numbers of Land Cooperatives and Other New Types of Organizations Acquiring Land Management Rights Continues to Grow|248
3|4.1 A Growing Number of Land Management Organizations Become Holders of Management Rights for Large Tracts of Lands|248
3|4.2 Land Cooperatives and Other New-Type Organizations Have Emerged and Developed Rapidly|250
2|5 Drawback: The Rise of Diversion of Land Use and Farmland Speculation|253
3|5.1 Diversion of Land Use Becoming a Serious Problem|253
3|5.2 Land Speculation|254
2|6 Necessity and Drivers of Rural Land Circulation for the Era|257
3|6.1 Internal Needs: Development Demand of Modern Agriculture|258
3|6.2 External Needs: Rural Labor Force Are Transferred to Urban Non-agricultural Field|260
3|6.3 Institutional Promotion: Government Subsidy and Trading Platform Establishment|262
2|7 Constraints on Rural Land Circulation|266
3|7.1 Unclear Institutional Setup for Rural Land Property Right|266
3|7.2 Poor Institutional Arrangement for Rural Land Property Right Subjects|268
3|7.3 Urban-Rural Integration Restricted by the Dual Social Structure|269
3|7.4 Limited Development of Farmland Circulation Market (Transaction Platform)|270
3|7.5 Deficient Financial Supporting Policies|272
2|References|273
1|Review of the Development of China’s Anti-monopoly Law, 2002–2012|276
2|1 Public Enforcement of China’s Anti-monopoly Law|276
3|1.1 Anti-monopoly Enforcement Authorities Were in Exploration of Their Appropriate Position|279
3|1.2 Anti-monopoly Law Enforcement Agencies are Understaffed|280
3|1.3 It Will Take Time to Realize Law Enforcement Conversion From the Anti-unfair Competition Law and the Price Law to the Anti-monopoly Law|281
3|1.4 Supporting Laws and Regulations are Still Imperfect and Legislative Techniques Need to be Strengthened|283
2|2 Private Enforcement of Anti-monopoly|287
3|2.1 Main Features of Private Enforcement of Anti-monopoly|287
3|2.2 Main Reasons for the Weak Private Enforcement of Anti-monopoly|292
2|3 Trend and Prospect of China’s Anti-monopoly Law System|295
3|3.1 Administrative Rules and Regulations for Anti-monopoly are Pending for Improvement|295
3|3.2 Anti-monopoly Public Law Enforcement Becomes Increasingly Mature and Dynamic|296
3|3.3 Anti-monopoly Private Enforcement Becomes More Rational Day by Day|298
2|References|298
1|Preface: Rule of Law in China—Current Status, Challenges and Outlook|8
2|Evaluations of the Current Status of Rule of Law in China|8
2|Major Challenges Faced by China in Building the Rule of Law|15
2|Future Development of Rule of Law in China|17
1|Acknowledgements|25
1|Contents|27
1|General Report on China’s Rule of Law 2002–2012|28
2|1 Legislative Work|29
3|1.1 Fully Exercise Legislative Powers and Form a Socialist System of Law with Chinese Characteristics|29
3|1.2 Adjust the Legislative Structure and Realize the Overall and Coordinated Development of Legislation|30
3|1.3 Highlight “Enactment, Revision and Abolition”, Combines the Creation of Laws with the Improvement of Laws|33
3|1.4 Strengthen Participation in Legislation, Realize Democratic and Scientific Legislation|34
3|1.5 Focus on Law Enforcement, Timely Formulate Supporting Laws and Regulations|35
3|1.6 Keep Improving Law and Regulation Review, Strengthen Law and Regulation Sorting|36
3|1.7 Interpret the Basic Law, Provide a Legal Guarantee for Better Implementing the “One Country, Two Systems” Policy|37
2|2 Administrative Rule of Law|38
3|2.1 Reform the Administrative Approval System|39
3|2.2 Deepen Administrative System Reform|40
3|2.3 Promote Government Information Disclosure|44
3|2.4 Regulate Administrative Power Operation|46
3|2.5 Improve Administrative Accountability|47
3|2.6 Administrative Enforcement Acts Have Been Further Regulated|48
3|2.7 Improve Laws and Regulations and Guarantee the Rights|49
3|2.8 Improve the Administrative Reconsideration System for Administrative Litigation|50
2|3 Judicial Reform|51
3|3.1 Actively Improve Case Quality|54
3|3.2 Push Forward Judicial Publicity|55
3|3.3 Conduct Specific Rectification of Difficult Enforcement|56
3|3.4 Strengthen the Supervision Over Behaviors of Judicial Personnel|58
3|3.5 Improve the System of People’s Assessors|58
3|3.6 Regulate and Clean up Judicial Interpretations|59
3|3.7 Improve the Diversified Dispute Settlement Mechanism|60
2|4 Incorruptible Government Under the Rule of Law|61
3|4.1 Improve the Institutional Building for Corruption Prevention|61
3|4.2 Improve the Supervision Over Clean Governance|62
3|4.3 Reinforce Supervision and Case Investigation and Handling|64
3|4.4 Regulate Public Consumption|64
3|4.5 Strengthen the Building of Clean Governance Under the Rule of Law in Social Field|65
2|5 Rule of Criminal Law|66
3|5.1 Take Back the Death Penalty Approval Power|66
3|5.2 Further Safeguard the Rights of Litigants|67
3|5.3 Implement the Criminal Policy of Combining Punishment with Leniency|68
3|5.4 Keep Improving the Criminal Defense System|69
3|5.5 Keep Deepening and Implementing Community-Based Corrections|69
2|6 Rule of Civil, Commercial and Economic Laws|70
3|6.1 Rule of Civil Law|70
3|6.2 Rule of Commercial Law|72
3|6.3 Rule of Economic Law|73
3|6.4 Rule of Intellectual Property Law|76
2|7 Rule of Social Law|77
3|7.1 Strengthen the Protection of the Rights and Interests of Laborers|78
3|7.2 Strengthen the Social Security System|79
3|7.3 Improve the Food Safety Supervision and Management Level|80
3|7.4 Step Up Efforts in Environmental Protection and Improvement|81
2|8 Foreign-Related Rule of Law|83
3|8.1 Use the Law to Maintain National Rights and Interests|83
3|8.2 Conduct International Legal Cooperation in Multiple Areas|84
3|8.3 Actively Fulfill International Legal Obligations|85
3|8.4 Strengthen the Application of Foreign-Related Civil and Commercial Law|86
3|8.5 Intensify Regional Cooperation in Economy and Trade|86
2|9 Problem and Prospect|87
1|Judicial Reform 2002–2012|90
2|1 Reform of Judicial Institution Setup|91
2|2 Reform of Judicial Resource Management System|92
3|2.1 Advance Classified Management of Judicial Personnel|92
3|2.2 Advance the Responsibility System for Case Handling|94
3|2.3 Improve the Occupation Guarantee for Judicial Personnel|96
3|2.4 Establish Fiscal Support Mechanism for the Political and Legal System|96
2|3 Regulate the Exercise of Judicial Powers|97
2|4 Advance Judicial Openness|99
2|5 Improve the System of People’s Assessors and Develop Judicial Democracy|101
3|5.1 Perfect the Selection and Appointment Procedures and Increase the Number of People’s Assessors|101
3|5.2 Expand the Scope of Cases with People’s Assessors With the Increasing Number of the Cases|102
2|6 Strengthen the Legal Supervision of Procuratorial Organs|103
3|6.1 Reinforce the Supervision over Criminal Lawsuits|103
3|6.2 Beef Up the Supervision Over Civil and Administrative Proceedings|105
3|6.3 Consolidate Internal Supervision of Procuratorial Organs|106
2|7 Strengthen Adjudicatory Function and Advance the Court Hearing System Reform|106
3|7.1 Stipulate the Principle of Evidence-Based Conviction and the Elimination of Illegal Evidence|107
3|7.2 Establish the Audio and Video Recording Mechanism for the Entire Court Hearing Process|107
3|7.3 Set Up the Leniency System for Plea of Guilty and Acceptance of Punishment|108
3|7.4 Promote the Reform for Sentencing Standardization|109
3|7.5 Initially Establish the Case Guidance System|111
3|7.6 Pay Attention to the Mediation Function of Civil Courts|111
2|8 Strengthen Judicial Guarantee for Human Rights|112
3|8.1 Make Audio and Video Recordings of Inquiries to Prevent and Contain Forced Confession|112
3|8.2 Guarantee the Litigation Rights of Criminal Suspects and Defendants with the Right to Defense at the Center|113
3|8.3 Guarantee Lawyers’ Professional Rights|114
3|8.4 Strengthen the Protection of the Rights and Interests of Juvenile Criminal Suspects and Defendants|115
3|8.5 Strictly Control and Carefully Apply Death Penalty|116
3|8.6 The Community-Based Correction System From Pilot Implementation to Continuous Improvement|117
3|8.7 Complete the State Compensation System|119
3|8.8 Preliminarily Establish the Judicial Relief System|120
3|8.9 Expand the Scope and Form of Legal Aid|121
3|8.10 Prevent and Correct Unjust, False and Erroneous Cases|122
2|9 Key Points and Characteristics of China’s Judicial Reform|123
3|9.1 Stick to the Leadership of the Communist Party of China|123
3|9.2 Reform Path Combining Upper Level Promotion and Grass-Roots Experience|124
3|9.3 Influence of the Judicial Evaluation and Assessment System on the Result of Reform|124
3|9.4 Value the Social Effect of Judicial Efficiency and Judgment|125
3|9.5 The Development of Computer and Internet has Boosted the Reform Process and Explored the Reform Mode|127
2|10 Conclusion|128
2|References|129
1|Institutional Reform|130
2|1 Driving Force Behind China’s Institutional Reform|130
3|1.1 Requirement of Market Economic Development|130
3|1.2 Requirement of the Transformation of Government Functions|131
3|1.3 Pressure of Globalization and International Competition|132
2|2 10-Year Practices in Institutional Reform|133
3|2.1 Documents on Institutional Reform over the 2002–2012 Period|134
3|2.2 Institutional Reform of the State Council|138
3|2.3 Simultaneously Carry Out Local Institutional Reform|143
2|3 Gains and Losses of the Institutional Reform over the 2002–2012 Period|148
3|3.1 Experience Accumulated in the 10-Year Institutional Reform|149
3|3.2 Bottlenecks and Challenges Encountered in the 10-Year Institutional Reform|156
2|4 Law-Based Path of Institutional Reform|159
3|4.1 Meticulous Theoretical Demonstration|159
3|4.2 Well-Balanced Top-Level Design|160
3|4.3 The Law Enforcement Agencies Shall Develop Toward Independent|162
3|4.4 Promote the Legalization of Institutional Reform|163
2|Reference|164
1|Legal Protection of Children in China 2002–2012|165
2|1 Changes in Child Protection Concepts|165
2|2 Insight into the Rule of Law for Child Protection|169
3|2.1 Development of Legal Policies on Child Protection|170
3|2.2 Implementation of Child Protection Law|178
2|3 Issues in Law-Based Child Protection Practices|186
3|3.1 Child Welfare Concept is Not yet Deeply Rooted in the Hearts of the People|186
3|3.2 Protruding Structural Issues Related to Child Protection|187
3|3.3 The Legal System for Child Protection Is Imperfect|187
3|3.4 Judicial Protection of Children’s Rights Is Highlighted in Criminal Cases|188
3|3.5 Child Welfare Service Assurance is in Its Preliminary Stage|189
3|3.6 Procedural Dilemma Exists in Civil Trial of Juveniles|189
3|3.7 There is a Lack of Juvenile Delinquency Prevention Mechanisms and Correction Measures|190
2|4 Prospect for the Development of the Rule of Law for Child Protection|190
2|Appendix: Major Events in Legislations and Rule of Law, 2002–2012|193
2|References|196
1|Providing Healthcare Security in Rural China|197
2|1 Social Background of Rural Medical Security|197
3|1.1 Importance of Rural Medical Security|198
3|1.2 Necessity for the Implementation of Rural Medical Security|201
2|2 Development Process of Rural Medical Security|203
3|2.1 Rise and Fall of Rural Cooperative Medical System|203
3|2.2 Emergence and Development of the NRCMS|206
2|3 Major Problems in Rural Medical Security|208
3|3.1 NRCMS Fails to Reach the Medical Security Level|208
3|3.2 NRCMS Fails to Address Social Unfairness|210
3|3.3 Low Reimbursement Level Fails to Meet the Demand for Security|212
2|4 Countermeasures and Suggestions for Rural Medical Security|214
3|4.1 Define Government Responsibility and Increase Financial Input|214
3|4.2 Reverse the Profit-Seeking Tendency of Hospitals and Make Them Return Back to the Public Benefit Track|218
3|4.3 Promote an Integrated Development of the NRCMS and Social Medical Insurance|220
3|4.4 Rationally Allocate Health Resources, with Appropriate Priority to Rural Areas|224
3|4.5 Expand the Proportion and Scope of Reimbursement and Increase the Level of Medical Security Services|227
3|4.6 Prevent and Control Simultaneously and Establish a Disease Prevention and Control Network|228
2|5 Conclusion|230
2|References|231
1|Issues in Land Circulation Through Contractual Land Management Systems in Rural China|235
2|1 Trends in Circulation of Rural Land Management Contracts|236
3|1.1 Pioneers in Land Circulation: Woodland Takes the Lead and Establishment of Centers for Forestry Property Right Exchange|236
2|2 Circulation Overview: Continuous Growth in Size and Speed, with Obvious Unbalance Between Regions|241
3|2.1 Early Development: Accelerated Growth|241
3|2.2 After 2008: Continuous Acceleration Amid Ups and Downs|241
3|2.3 Eastern, Central and Western Regions: Notable Imbalance|243
2|3 Circulation Models: Diversification and Scaling-up|244
3|3.1 Individual Subcontracting and Leasing Was for a Long Time the Main Forms of Rural Land Circulation|244
3|3.2 The Growing Popularity of Becoming Land Stake-Holder by Means of Land Management Contract|245
3|3.3 Open Markets for Rural Land Transfer Are Established|246
2|4 Numbers of Land Cooperatives and Other New Types of Organizations Acquiring Land Management Rights Continues to Grow|248
3|4.1 A Growing Number of Land Management Organizations Become Holders of Management Rights for Large Tracts of Lands|248
3|4.2 Land Cooperatives and Other New-Type Organizations Have Emerged and Developed Rapidly|250
2|5 Drawback: The Rise of Diversion of Land Use and Farmland Speculation|253
3|5.1 Diversion of Land Use Becoming a Serious Problem|253
3|5.2 Land Speculation|254
2|6 Necessity and Drivers of Rural Land Circulation for the Era|257
3|6.1 Internal Needs: Development Demand of Modern Agriculture|258
3|6.2 External Needs: Rural Labor Force Are Transferred to Urban Non-agricultural Field|260
3|6.3 Institutional Promotion: Government Subsidy and Trading Platform Establishment|262
2|7 Constraints on Rural Land Circulation|266
3|7.1 Unclear Institutional Setup for Rural Land Property Right|266
3|7.2 Poor Institutional Arrangement for Rural Land Property Right Subjects|268
3|7.3 Urban-Rural Integration Restricted by the Dual Social Structure|269
3|7.4 Limited Development of Farmland Circulation Market (Transaction Platform)|270
3|7.5 Deficient Financial Supporting Policies|272
2|References|273
1|Review of the Development of China’s Anti-monopoly Law, 2002–2012|276
2|1 Public Enforcement of China’s Anti-monopoly Law|276
3|1.1 Anti-monopoly Enforcement Authorities Were in Exploration of Their Appropriate Position|279
3|1.2 Anti-monopoly Law Enforcement Agencies are Understaffed|280
3|1.3 It Will Take Time to Realize Law Enforcement Conversion From the Anti-unfair Competition Law and the Price Law to the Anti-monopoly Law|281
3|1.4 Supporting Laws and Regulations are Still Imperfect and Legislative Techniques Need to be Strengthened|283
2|2 Private Enforcement of Anti-monopoly|287
3|2.1 Main Features of Private Enforcement of Anti-monopoly|287
3|2.2 Main Reasons for the Weak Private Enforcement of Anti-monopoly|292
2|3 Trend and Prospect of China’s Anti-monopoly Law System|295
3|3.1 Administrative Rules and Regulations for Anti-monopoly are Pending for Improvement|295
3|3.2 Anti-monopoly Public Law Enforcement Becomes Increasingly Mature and Dynamic|296
3|3.3 Anti-monopoly Private Enforcement Becomes More Rational Day by Day|298
2|References|298