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

Posted by Social Science Research Network

Rule of Law in China – Legislation Reasoning and Enforcement of Anti-Monopoly Law in China and the West by Tat Chee Tsui (University of Dublin – Trinity College)

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.