Mao Xiaofei

I. Basic Information

After acquiring her Bachelor degree in English at Beijing Broadcasting Institute (now Communication University of China) in 1995, Mao Xiaofei first worked for “Economic Half-Hour” at the Chinese Central Television Station (CCTV) as journalist. In 1997, she began a five-year master program specialized in political science and law at Johann Wolfgang Goethe University (Frankfurt a.M.) in Germany. She was called to the Department of International Economic Law ofCASS Institute of International Lawin 2004. She specializes in international antitrust Law, international dispute settlement, German law as well as European law Studies. She has been invited toGermany by Freie Universitaet Berlin (FU) and Technische Universitaet Berlin (TU) as a part-time lecturer to teach Chinese law since 2009.

II.Research Activities and Achievements

Mao Xiaofei has participated in various research projects and legislative activities both inside and outside the institute, in particular, the drafting of the Antimonopoly Law of the People's Republic of China in 2007. She conducted a thorough investigation into the monopoly situation of Chinese salt industry and submitted research reports to the Chinese government, which greatly contributed to the significant reform of salt industry in 2016. The monopoly regime of the salt industry was abolished at last. Since 2017, she has focused on the research of international dispute settlement, including international arbitration, and initiated the CASS Arbitration Roundtable.

She published dozens of articles and papers in key domestic and international academic journals such as International Law Studies, Journal of Law Application, Chinese Journal of European Studies, Jiangxi Social Sciences, Zeitschrift für Wettbewerbsrecht (ZweR),Gewerblicher Rechtsschutz und Urheberrecht - Internationaler Teil (GRUR Int.), etc..

Further, she submitted policy recommendations to the Internal Reference at People’s Daily, Journal of Administration in Industry and Commerce at State Administration for Market Regulation (SAMR) and Leaders’ Reference at the Chinese Academy of Social Sciences, etc. She also wrote comments and reviews for such prominent newspapers in China asPeople’s Daily, Guangming Daily, Economic Daily, Legal Daily and The Beijing News, etc.

Her co-translated work “The International Law”, written by Prof. Graf von Vitztum and other German International Law scholars, has become a standard reference book for the research and study of international law in China.

She has attended many important domestic and international conferences on international law and delivered keynote speeches at these conferences.

III. Major Publications and Viewpoints

1.“The Unique Model of Chamber for International Commercial Disputes in Germany - An Analysis of the Draft Law of the Establishment of Chamber for International Commercial Disputes in the Federal Republic of Germany”, International Law Studies, Vol. 2018/06, pp. 97-109.

In this article, she pointed out that the establishment of International Commercial Court has become a “new ecology” in the field of international commercial disputes settlement. In April 2018, the German Bundestag promulgated the Draft Law on the Establishment of Chamber for International Commercial Disputes, aiming at setting up court chambers specialized in international commercial disputes settlement and adopting English as the language of trial in the German court system. The establishment of Chamber for International Commercial Disputes will lead to significant changes to the current German Code on Court Constitution and the Civil Procedure Law. From the perspective of international comparison, the German model is pretty different from the well-known international commercial courts. It is the mixture of the tradition of Chamber for Commercial Disputes and the modernity of international commercial disputes settlement in Germany.

2.“Constitutional Constraints on the Right to Decide External Financial Aid － Constitutional Review of Euro Zone Aid Bill by the German Federal Constitutional Court”, Chinese Journal of European Studies, Vol. 2/2013, pp.135-151.

In this article, she pointed out that, by signing the collective financial bail-out programs reached by the Euro countries, international commitments have been incorporated into Germany's domestic laws, which caused constitutional complaints filed by the opponents at the German Federal Constitutional Court for judicial review. The Court reiterated in its decisions that the Federal Parliament is the only constitutional body in Germany entitled to make decisions on foreign aid, which may impose burdens upon the national fiscal policy, and that it deals with an unalienable constitutional power of the Federal Parliament protected by the free and equal right of election by citizens as well as the democratic principles enshrined in the Basic Law. Even when participating in the collective bail out operations to solve the sovereign debt crisis in the euro zone, it must be ensured that the competence of the German Parliament not be deprived and constitutional constraints complied with in terms of limited individual authorization, retention of congressional supervision as well as due process.

3.“An Analysis of Civil Remedies in the Chinese Antimonopoly Law for Consumer Protection”, Journal of Law Application, Vol. 2/2013, pp.47-54.

In this article, she reiterated that the ultimate goal of the Chinese Antimonopoly Law is to protect consumer interest by maintaining effective market competition. It has become an essential part of the modern enforcement mechanism of antitrust law in the civil litigation for the purpose of restricting monopolistic behavior. The private enforcement of antitrust law, which is conducive to initiating civil lawsuits and obtaining compensations by consumers, has also emerged. However, there are still no adequate mechanism for private enforcement of Antimonopoly Law in China. The ambiguous understanding of litigious right of consumers, the suppression of class action, the burden of proof and the inappropriate damage reliefs for consumers have made the private enforcement of anti-monopoly law difficult, which has a grim prospect in the protection of consumer rights and interests.

IV. Main Publications

Book

Mao Xiaofei (ed.), Selected Antimonopoly Cases and Analysis on the Chinese Administrative Antimonopoly Enforcement, Law Press China, 2007.

Articles Published in Chinese

1. “The Unique Model of Chamber for International Commercial Disputes in Germany - An Analysis of the Draft Law of the Establishment of Chamber for International Commercial Disputes in the Federal Republic of Germany”, International Law Studies, 6 (2018), pp. 97-109;

2. “The Dilemma of Applying Competition Law in Regulating Transnational Tax Avoidance and Its Solutions”,Jiangxi Social Sciences, 11 (2017), pp. 196-203;

3. “Innovation of China's Commercial Arbitration System against the Background of the ‘Belt and Road’Initiative”, People’s Rule of Law, 2 (2018), pp.34-36;

4. “An Analysis of Civil Remedies in the Chinese Antimonopoly Law on Consumer Protection”, Journal of Law Application, 2 (2013), pp.47-54;

5. “Constitutional Constraints on the Right to Decide External Financial Aid?- Constitutional Review of Euro Zone Aid Bills by the German Federal Constitutional Court”, Chinese Journal of European Studies, 2 (2013), pp.135-151;

6. “Revising the Measures forthe Exclusive Dealing of Table Salt: Discarding Monopoly”, Insider Information on Economic Reform, (34) 2008, pp. 32-35;

7. MAO Xiaofei/ HU Jian,“A Reflection on the Drafting of the Anti-monopoly Law”, Journal of the Eastern China University of Political Science and Law, 2 (2008), pp. 121-124;

8. “An Analysis of the Case of Restricting Competition by Gas Companies in Ninghai County”, Journal of Administration in Industry and Commerce,14 (2006), pp.46-47;

9. “A Conceptual Change in the Chinese Anti-monopoly Administration: From ‘Public Undertaking’ to ‘Undertaking with a Market Dominant Position’”, Journal of Administration in Industry and Commerce, 3 (2006), pp.52-54.

Articles Published in German and English

1. “Eine neue Epoche für die private Durchsetzung des Kartellrechts in China?”, ZweR (Zeitschrift für Wettbewerbsrecht), 3 (2012), S. 349ff.;

2. “Das chinesische Antimonopolgesetz im Lichte des deutschen Kartellrechts”, ZWeR 1(2008), S.88-108;

3. MAO Xiaofei/Tobias Glass, “Das neue Antimonopolgesetz der Volksrepublik China”, GRUR Int. (Gewerblicher Rechtsschutz und Urheberrecht - Internationaler Teil), 57 (2008), S.105-112;

4. “Das Kartellrecht in China, GRUR Int. (Gewerblicher Rechtsschutz und Urheberrecht - Internationaler Teil)”, 57 (2007), S.576-587;

5. “An Overview of the Antimonopoly Practice in the People's Republic of China”, in Hassan Qaqaya / Goerge Lipimile (ed.), The Effects of Anti-competitive Business Practices on Developing Countries and Their Development prospects, UNTAC, 2008.

Newspaper Articles

1. “Creating a New Era of Rule of Law in Arbitration”, Gungming Daily, Mrach 31, 2019;

2. “Collective Collection of Fuel Surcharge is Suspicious”, Legal Daily, June 14, 2018;

3. “Time to Establish a Fair Competition Regime”, Chinese Economic Weekly, October 30, 2016;

4. “Eliminate the Economic Barriers and Promote the Supply-side Reform in Salt Industry”, Chinese Food Safety Daily, October 1, 2017;

5. “The Open System of Evidence in Deciding Monopoly Issues”, New Beijing Daily, March 28, 2009;

6. “Only Detailed Explanations for the Prohibition of M&A Can Eliminate Misunderstandings”, New Beijing Daily, March 20, 2009;

7. “Consumers Should Not Pay for the Industrial Self-discipline”, New Beijing Daily, July 29, 2008