Market Surveillance in the People's Republic of China

This paper provides a holistic review of market surveillance in China from a legal perspective, supplemented by the authors' practical knowledge. The fundamental legal bases of market surveillance, namely the Law on Product Quality, the Law on Import and Export Commodity Inspection and the Law on Standardization, along with their associated implementation regulations, are thoroughly examined. Thereby the special features of market surveillance in the Chinese context are presented. This, in particulari, ncludes the differentiation between market surveillance on the production and circulation stages (pre-market and post-market) and an introduction of the two major competent authorities, the General Administration of Quality Supervision, Inspection and Quarantine, the State Administration for Industry and Commerce, and their respective statutory functions specified by a range of laws and administrative regulations as well as the demarcation of their competencies. The authors also take efforts to explore market surveillance on two special markets, food and pharmaceuticals, which also includes the legal basis, legal instruments and competent authorities, representing different supervision approaches compared with ordinary products. In the end, market surveillance on and by conformity assessment bodies are briefly reviewed to provide another angle for the observation of the Chinese system.