Seminar on Public Interest Litigation

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Seminar on Public Interest Litigation
Public Interest Litigation Against Monopolies
in China Mao, XiaofeiBeijing Dongfang Public
Interest Litigation and Legal Aid Law Firm
October 2011India
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Gandhis Fight Against Salt Monopoly in 1930s
On March 12, 1930, Gandhi and his 78 male
followers set out, on foot, for the coastal
village of Dandi some 240 miles from their
starting point in Sabarmati, a journey which
lasted 23 days.
On April 6th he picked up a lump of mud and salt
and boiled it in seawater to make the commodity
which no Indian could legally produce salt.
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Part I Public Interest Activities Against Salt
Monopoly by Dongfang

• A. Salt Monopoly in China An Overview
• 1. Salt Monopoly as State Fiscal Policy in
  Ancient China
• 2. The Republic and its Current Salt Monopoly
  Regulations
• 2.1 Who are the Monopolists?
• 2.2 New Public Interest Legitimacy
• 2.3 Social Costs v. Social Benefits

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Part I Public Interest Activities Against Salt
Monopoly by Dongfang

• B. Liaoqi v. Beijing Salt Company of China Salt
• C. Criminal Retrial Application by Li Fuming
• D. Public Interest Appeals - Shangshu (4)
• E. Applications for Information Disclosure (5)

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Part II The Rising Litigation Movement Against
Monopolies

• A. Chinese Antimonopoly Law (AML) and Economic
  Constitution
• 1. Enactment of AML in 2007
• 2. Special Rules Against Public Power Monopolies
  
• 3. Socialist Market Economic and Article 15 of
  Constitution

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Part II The Rising Litigation Movement Against
Monopolies

• B. 11 Influential Cases Targeting Public Power
  Monopolies since the Implementation of AML
• Over 70 of the AML Cases suing against
  Governmental Bodies or State-owned Enterprises

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Part II The Rising Litigation Movement Against
Monopolies

Date of Filing Parties Results
1. 2008.8 Beijing Zhaoxin Information Tech. Co.Ltd. v. General Administration of Quality Supervision, Inspection and Quarantine In- admissible
2. 2008.8 Li Fangping v. Beijing Netcom Dismissed
3. 2008.8 Zhejiang Yuyao Mingbang Tax Agency v. Yuyao Municipality Mediated and withdrawn
4. 2008.9 Liu Fangrong v. Chongqing Insurance Industrial Association Mediated and withdrawn
5. 2008.9 Chongqing Western Bankruptcy Liquidation Co.Ltd. v. Chongqing Nanping Subsidiary of Chinese Construction Bank Mediated and withdrawn
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Part II The Rising Litigation Movement Against
Monopolies

6. 2008.12 Li Fangping v. Beijing Petrochemical Not Filed
7. 2009.4 Zhou Ze v. China Mobile Groups (Beijing Co.Ltd.) and China Mobile Communication Company Mediated and withdrawn
8. 2009.6 Liao Qi v. Beijing Salt Company of China Salt Not filed
9. 2009.11 Huzhou Yi-Ting Termite Treatment Co. Ltd v. Huzhou Termite Prevention Research Institute Dismissed
10. 2010.1 Mr. Xia v. Guangzhou Railway Groups Pending
11. 2010.3 Dong Zhengwei et.al. v. Beijing-Tianjing High Speed Railway Company Not-filed
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Part II The Rising Litigation Movement Against
Monopolies

• C. Role of Lawyers in Antimonopoly Cases
• D. Impact on Public Interest by Individual
  Efforts

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Part III Obstacles and Challenges

• A. Not Filing
• B. Inadmissible
• C. Dismiss the Indictment
• D. Case by Case Mediation

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Part IV Struggle for Freedom of Economic
Freedom and Independence

• A Hero for All of Us

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• Thank You for Your Attention!
• Contact of Dongfang
• mao_xiaofei413_at_yahoo.com
• 15. Shatan Beijie, Beijing 100720, China
• Mobil 13501074989