Case Library of Industrial and Commercial Administration ①

Author: Wang Xuezheng
Publisher:
Publish Date: 2005-01-01
Features: The editorial board of Industrial and Commercial Administration has been a work guidance publication for over 50 years. It has always strived to provide practical and helpful articles for grassroots readers. Through years of editorial practice, we have found that grassroots readers are interested in vivid and profound cases and are willing to use specific enforcement practices to digest and understand "legal provisions." Therefore, in the past two years, the editorial board has gradually increased the case development of the journal. With the strong support of the Legal Affairs Department, the Foreign Investment Department, and the Public Transportation Department of the General Administration, case analysis meetings were organized in Guiyang, Huangshan, and Jiangxi for some local enforcement and case-handling experts in August 2003 and April and August 2004. The three case analysis meetings discussed over 120 cases. Some of these fresh and typical cases were published in the bimonthly journal in the past two years and were well-received by grassroots readers, while more cases have not been published due to various reasons. Faced with these numerous cases, as well as the cases published in the journal in recent years, along with theoretical articles closely related to cases, the editorial board believes that this is a valuable case resource formed by the rich enforcement practices of the industrial and commercial sector since the self-regulation initiative. This resource, like the rich enforcement practices of the industrial and commercial sector, is complex and large in quantity, requiring thorough organization, classification, and long-term systematic research. Of course, systematic research requires establishing a comprehensive and dynamic research database. The first step in establishing a case database is to collect existing research findings within our scope of vision, classify and organize them, and provide a research platform for sustainable case development. This idea led to the compilation of the case database①. The case database presented to readers now consists of some cases from the three case analysis meetings, some cases published in the bimonthly journal in recent years, 15 theoretical articles, and 3 case topics. The editorial board believes that relevant theoretical articles also play an important role in understanding the law and analyzing cases, making them an important part of case research outcomes. Under the support and encouragement of Wang Xuezheng, Director of the Legal Affairs Department of the General Administration of Industry and Commerce, who serves as the editor-in-chief of this book, we envisioned consolidating the continuous efforts of the bimonthly journal in recent years and collecting the results of case research within the system to integrate them into this book, which is currently the most complete, professional, and documentary research reference within the system. This will provide the necessary foundational work for the industrial and commercial sector's case research to keep pace with the times and advance. The cases from the three case analysis meetings form the main material of this book. Those unpublished cases are mostly controversial cases, but they contain valuable issues. Considering the authority of the case database, we decided to gather several experts with experience in enforcement and case handling, as well as a certain theoretical level, to rewrite the cases. For the difficult issues involved in the rewriting process, we conducted special discussions with the Legal Affairs and other business departments of the General Administration, and after the discussions, some cases were rewritten again. To ensure the targeted and practical nature of the case writing, we established the principle of "problem-first, case-abstracted" writing. We refined the existing cases and standardized the format of case writing, which mainly consists of four parts: (1) Main and subheadings (the subheading reflects the main issue of the case). (2) Case introduction, simplifying all parts unrelated to the main issue and abstracting the case. (3) Controversial viewpoints, showcasing the complexity of the case. Most of these viewpoints were formed during the administrative enforcement process and discussions, and they were theoretically summarized. The controversial viewpoints clarify the disputes in difficult cases, thereby raising the issues. (4) Case analysis, analyzing the controversial viewpoints theoretically, and finally arriving at preliminary analysis opinions. Some cases also include advanced topics or reflections, which delve deeper into the case. After more than two years of discussion during the three case analysis meetings and two revisions, the case compilation has been completed. We aim to make this book have the following characteristics: First, typicality. Most of the cases selected for this book come from controversial cases of litigation and reconsideration that have occurred in various industrial and commercial authorities in recent years. Each case reflects common legal issues encountered in grassroots industrial and commercial enforcement. Second, practicality. During the case writing process, various opinions formed during case handling were listed, with a focus on analyzing legal application issues, while also adding deeper reflections to ensure the book's practicality. Third, authority. The cases in this book come from specific enforcement and case handling, as well as case review and litigation. The colleagues who participated in the discussions and adapted the cases have a certain theoretical foundation and rich practical experience. This book is only a phased achievement of the bimonthly journal's efforts to strengthen case research. For such a grand project as building a case database, this is just the beginning, and the first step still has shortcomings such as uneven content distribution. Future case development not only faces the challenge of broadening horizons but also faces the challenge of innovative development. Therefore, we plan to hold 1–2 case analysis meetings annually, closely aligning with the central work of the General Administration, and organize case discussions on specific topics. On one hand, these will be published in the bimonthly journal, and on the other hand, case research outcomes will be published in compiled form. As China enters the transition period after joining the WTO and the industrial and commercial sector is undergoing the second leap from relatively closed domestic market supervision to internationalized domestic market supervision (the second leap means the industrial and commercial sector has completed the transition from supervising small markets to supervising large markets—editor's note), the bimonthly journal strives to further improve the quality and level of service to grassroots and the system, contributing its part to enhance the enforcement capacity and level of the industrial and commercial sector. Case analysis development will play a positive and important role in this process. In July 2004, we invited Li Xuexiang, Deputy Director of the Legal Affairs Department of Hubei Provincial Industrial and Commercial Administration, Wu Zhiyong, Deputy Director of the Contract Department of Fujian Provincial Industrial and Commercial Administration, Sheng Weiwei of the Fair Trade Bureau of Jiangsu Provincial Industrial and Commercial Administration, and Yu Jianqiang of the Inspection Brigade of Shanghai Municipal Industrial and Commercial Administration to revise some cases in this book. In September, Li Xuexiang, Wu Zhiyong, Yu Jianqiang, Liu Min of the Economic Inspection Bureau of Guangdong Provincial Industrial and Commercial Administration, Xu Mintaotao of the Legal Affairs Department of Shanghai Municipal Industrial and Commercial Administration, Yu Jianchun of the Foreign Investment Department of Tianjin Municipal Industrial and Commercial Administration Development Zone Bureau, and Xu Huangdeng of the Legal Affairs Department of Quanzhou Municipal Industrial and Commercial Administration were involved in revising the cases again. Finally, we asked Liu Min, Director of the Unfair Competition Bureau of the Fair Trade Bureau of the General Administration of Industry and Commerce, and Chen Chunjian, Deputy Director of the Chengdu Municipal Industrial and Commercial Administration, to review all the cases in the book. Wang Xuezheng, Director of the Legal Affairs Department of the General Administration of Industry and Commerce, who serves as the editor-in-chief of this book, reviewed the entire book. During the writing process of this book, we received strong support and assistance from the Legal Affairs Department, Fair Trade Bureau, and Foreign Investment Bureau of the General Administration of Industry and Commerce, as well as industrial and commercial authorities in various provinces such as Guizhou, Anhui, and Jiangxi. We sincerely express our gratitude here. Deputy Director Yang Weidong of Jiangsu Provincial Industrial and Commercial Administration, Deputy Director Tong Tianwu of the Contract Department, Director Yang Zaixue of the Enterprise Supervision Department of Beijing Municipal Industrial and Commercial Administration, Deputy Commander Cai Weidong of the Inspection Brigade of Shanghai Municipal Industrial and Commercial Administration, Director Mao Zhongliang, and Director Liu Jiande of the Legal Affairs Department of Shanghai Municipal Industrial and Commercial Administration, Director Sun Baichang of the Legal Affairs Department of Henan Provincial Industrial and Commercial Administration, Director Wu Baochuan of the Legal Affairs Department of Zhejiang Provincial Industrial and Commercial Administration, Director Li Zhongbin of the Enterprise Supervision Department of Chongqing Municipal Industrial and Commercial Administration, Deputy Director Kuang Ke of the Fair Trade Bureau of Sichuan Provincial Industrial and Commercial Administration (now transferred), Deputy Director Hao Li of the Trademark Bureau, Director Lu Xin of the Legal Affairs Department of Shandong Provincial Industrial and Commercial Administration, and Director Lu Runli of the Legal Affairs Department of Xi'an Municipal Industrial and Commercial Administration all contributed valuable experience and ideas to this book. We express our heartfelt thanks to them in this regard. Due to our limited capabilities, this book may have shortcomings. At the same time, the viewpoints in the case analysis only represent the opinions of the editors or authors and are for reference. We welcome criticism and corrections from colleagues in enforcement and case handling, as well as experts in the field of law. We also welcome colleagues in the industrial and commercial sector to continue to recommend and submit typical cases to the editorial board. Industrial and Commercial Administration Bimonthly Editorial Board December 2004 This book includes some cases published in the bimonthly journal in recent years, 15 theoretical articles, and 3 case topics.