The State Administration for Market Regulation ("SAMR") has recently drafted and issued the Provisions on Supervision of Law Enforcement by Market Regulators (Draft for Comment) (the "Draft for Comment") for public comments by October 19, 2019.
The Draft for Comment consists of 24 articles, covering provisions on the legislative purpose, concept and definition, principles of supervision, scope of supervision, forms of supervision, supervisory means, forms of liability, etc. Among others, the Draft for Comment defines ten areas of law enforcement subject to supervision, such as "the legality of administrative normative documents, the review of fair competition, and the publicity of administrative law enforcement". Meanwhile, the Draft for Comment diversifies and improves ten forms of supervision of law enforcement, including "management of administrative law enforcement certificates, the legality review for administrative normative documents, and the review of fair competition". In addition, the Draft for Comment provides for means of supervision over law enforcement, such as "naming and shaming, holding talks, and ordering rectification", and the forms of liability of those institutions and individuals under supervision that refuse to perform as required by the law enforcement supervision notice or proposal.