[Joint House and Senate Hearing, 110 Congress]
[From the U.S. Government Publishing Office]



 
               IMPACT OF EMERGENCIES IN 2007: THREE CASES

=======================================================================

                               REPRINTED

                                from the

                           2007 ANNUAL REPORT

                                 of the

              CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA

                       ONE HUNDRED TENTH CONGRESS

                             FIRST SESSION

                               __________

                            OCTOBER 10, 2007

                               __________

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              CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA

                    LEGISLATIVE BRANCH COMMISSIONERS


House                             Senate 

SANDER LEVIN, Michigan, Chairman  BYRON DORGAN, North Dakota, Co-Chairman
MARCY KAPTUR, Ohio                MAX BAUCUS, Montana
MICHAEL M. HONDA, California      CARL LEVIN, Michigan
TOM UDALL, New Mexico             DIANNE FEINSTEIN, California
TIMOTHY J. WALZ, Minnesota        SHERROD BROWN, Ohio
DONALD A. MANZULLO, Illinois      SAM BROWNBACK, Kansas
JOSEPH R. PITTS, Pennsylvania     CHUCK HAGEL, Nebraska
EDWARD R. ROYCE, California       GORDON H. SMITH, Oregon
CHRISTOPHER H. SMITH, New Jersey  MEL MARTINEZ, Florida



                     EXECUTIVE BRANCH COMMISSIONERS

                 PAULA DOBRIANSKY, Department of State
                CHRISTOPHER R. HILL, Department of State
                 HOWARD M. RADZELY, Department of Labor

                      Douglas Grob, Staff Director
               Murray Scot Tanner, Deputy Staff Director

                                  (ii)































Impact of Emergencies: Food Safety, Product Quality, and Climate Change

    The context of China's domestic rule of law development 
changed from 2006 to 2007, with a sharp rise in domestic and 
international concerns over food safety, product quality, and 
climate change. These concerns, and China's response to them, 
will both shape and be shaped by China's rule of law reforms. 
Because their impact on the course of rule of law in China is 
expected to be large, these developments are covered here in 
added detail.


                              food safety


    Domestic and international concerns over the safety of 
Chinese food products have increased significantly in the last 
five years due to unsafe food production and insufficient 
government oversight. The Ministry of Health (MOH) reported 
that 31,860 people suffered from food poisoning in 2006.\1\ A 
recent survey found that more than 80 percent of Chinese 
consumers are now willing to pay a premium for food safety, up 
from 57 percent in 2005.\2\ In a particularly notorious case 
from April 2004, 13 babies died and hundreds more suffered from 
serious malnutrition after consuming counterfeit and 
substandard milk powder in Anhui province.\3\ In early 2007, 
pet food produced in China and containing wheat gluten 
contaminated with melamine reportedly caused the deaths of at 
least 16 cats and dogs in the United States, and sickened some 
12,000 pets.\4\ In June 2007, the U.S. Food and Drug 
Administration (U.S. FDA) restricted the import of five types 
of farm-raised fish and shrimp from China because they were 
found to contain unsafe antibiotics.\5\

             Unsafe Food Production: Regulatory Challenges

    With the transition to a market economy, many of China's 
food producers are small landholders or family workshops who 
rely on excessive amounts of fertilizers, pesticides, or 
veterinary drugs to maintain high production rates.\6\ Water 
and soil used for this production may already be contaminated 
with metals from the poor disposal of industrial and electronic 
waste.\7\ For example, up to 10 percent of farmland in China is 
thought to be polluted, and 12 million tons of grain is 
contaminated annually with heavy metals in the soil.\8\ 
Inferior raw materials, the use of production chemicals 
unsuitable for food, and the lack of a safe infrastructure for 
food delivery and storage also contribute to substandard food 
products.\9\

            Insufficient Oversight: Regulatory Fragmentation

    Fragmentation of regulatory authority among 10 major 
government agencies makes it more difficult for the government 
to regulate the smaller family workshops that comprise the 
majority of China's food producers and processing centers.\10\ 
[See Tables 1 and 2 for a list of government agencies involved 
in the oversight of food safety at the national and local 
level.] According to the State Council White Paper on Food 
Quality and Safety released in August 2007, China has 448,000 
food production and processing enterprises, of which 353,000, 
or 78.8 percent, are small businesses or workshops with fewer 
than 10 employees.\11\ Public officials established the State 
Food and Drug Administration (SFDA) in 2003 to consolidate 
oversight of food safety management, but resistance from other 
agencies who fear losing their revenue-generating ability has 
limited the transfer of power and responsibility to the SFDA. 
As a result, the SFDA and its local food and drug bureaus 
remain hampered in their ability to effectively regulate food 
safety and coordinate policy below the provincial level. The 
local bureaus remain beholden to local governments for their 
budgetary and personnel allocations, and approvals in 
promotions for their staff.\12\ The central government has not 
instituted an effective regulatory system in rural areas that 
is in keeping with similar improvements in urban areas, 
including an increase in urban residents' awareness of their 
rights. Only some of the agencies have extended their presence 
down to the township and village level, and this regulatory 
void has led many counterfeiters to distribute their products 
in these areas, much to the worry of villagers.\13\

 Government Response to Domestic and International Food Safety Concerns

    China's international response is to reiterate its status 
as a developing country that had a late start in developing 
foundations for food and drug supervision, and to assert that 
it is the foreign media that exaggerate the extent of safety-
related issues. Official Chinese figures report that 99 percent 
of its exports meet quality standards.\14\ In late July and 
early August 2007, high-level officials from both the European 
Union and the United States met with Chinese public officials 
to discuss the quality and safety of China's exports and ways 
to improve inspections.\15\ Both U.S. and Chinese media have 
reported back-and-forth blocking or banning of products from 
the other country.\16\ While each country annually blocks food 
exports from the other country,\17\ some of the current exports 
are probably being blocked in response to heightened attention 
on China's export safety issues.

                           Domestic Response

    Domestically, central government reform of the food safety 
system has been in progress throughout the last five years, 
though largely in response to domestic food-related incidents. 
China's domestic response is aimed at increasing inspections 
and oversight of food producers; strengthening law enforcement, 
including increasing the punishment for violators; establishing 
a national recall system, national standards, and an emergency 
response mechanism; and strengthening international 
cooperation. To date, China has issued 14 national laws, 16 
administrative regulations, 76 departmental regulations, and a 
five-year plan on food safety.\18\ Within the past year, local 
governments have passed 129 regulations and other policy 
directives relating to food safety.
    Since SFDA's creation in 2003, the central government has 
passed regulations on food quality monitoring and hygiene 
licensing, and strengthened the regulatory framework in local 
and rural areas. There are also periodic national campaigns 
against counterfeit and substandard products. For example, 
between 2006 and June 2007, inspectors from the General 
Administration for Quality Supervision, Inspection and 
Quarantine (AQSIQ) closed 180 food plants and discovered more 
than 23,000 food safety violations.\19\ SFDA has also promoted 
the establishment of local food safety commissions to improve 
interagency coordination and cooperation.\20\ As of August 28, 
2007, food safety commissions have been established in all 
provinces, and in most major cities. In addition to a national 
informational Web site on food safety established by the SFDA, 
many of these provincial and municipal commissions have also 
established active informational Web sites.\21\ In terms of 
rural areas, Zhejiang province, for example, established a 
rural consumer rights protection network to help residents seek 
redress from producers or sellers of counterfeit or substandard 
products.\22\ A municipal bureau in Zhejiang noted several 
shortcomings with this network, however, including its lack of 
financial resources and influence, and the lack of incentives 
to conduct inspections.\23\ By mid-2005, SFDA and the State 
Administration for Industry and Commerce (SAIC) had taken 
measures to boost information gathering in rural areas by 
recruiting volunteer food safety supervisors or coordinators to 
monitor food safety and the food production situation.\24\
    The central government initiated the market access system 
in 2001, whereby food producers will be issued production 
licenses only when they have met the official standards for 
production conditions and facilities and the quality of 
foodstuffs.\25\ This system, however, has undermined the 
government's objective to increase employment by forcing many 
of the smaller food producers to close.\26\ Because 
implementation of this system has forced noncompliant smaller 
food producers to close, and because those producers contribute 
to local economic performance on which local officials are 
evaluated, the system must overcome political constraints that 
are not insignificant. The AQSIQ announced that it hopes to cut 
the number of these workshops in half by the end of 2009.\27\
    After a series of domestic incidents in 2004, most notably 
the Anhui ``fake baby milk powder'' scandal, the State Council 
issued the Decision on Further Strengthening Food Safety 
Supervision in September 2004 to clarify the functions and 
responsibilities of the agencies with food safety oversight. 
Under this decision, the State Council divided food safety 
supervision into four ``monitoring links,'' with each link 
managed by either the Ministry of Agriculture (MOA), AQSIQ, 
SAIC, or MOH. For example, MOA supervises the production of 
primary agricultural products; AQSIQ supervises the quality and 
safety of food processing, as well as imported and exported 
agricultural products and other foodstuffs; SAIC supervises 
food circulation and distribution; while MOH supervises the 
catering and restaurant industry. The SFDA is charged with the 
comprehensive supervision and coordination of food safety, and 
manages the investigation of major incidents and the punishment 
of those responsible for them.\28\
    Even though the State Council has adopted measures to 
clarify the regulatory responsibilities of different agencies, 
recent food safety incidents reveal that there are still 
various regulatory loopholes that food producers and exporters 
can use to evade quality inspections. In terms of the pet food 
incident in 2007, AQSIQ noted that one of the companies who 
used melamine in its product bypassed quality checks by 
labeling its product as exports not subject to inspection.\29\
    The current international spotlight has accelerated the 
issuance and implementation of regulations and other policy 
directives. For example, between June and July 2007, both 
President Hu Jintao and Premier Wen Jiabao pledged to improve 
food safety and product quality, which reflects high-level 
government attention to the issue.\30\ On July 25, 2007, the 
State Council published draft regulations to strengthen the 
food safety oversight responsibilities of local governments, to 
increase the punishment for illegal activity, and to strengthen 
international cooperation efforts.\31\ The meeting, chaired by 
Premier Wen Jiabao, also promised better safety checks and 
greater openness with quality problems.\32\ In addtion, the 
central government has established an emergency response 
mechanism among several ministries and a national food product 
tracking system.\33\ At the local level, the Beijing Municipal 
People's Congress is considering the passage of regulations 
regarding food safety that offer producers and vendors 
incentives to voluntarily recall unsafe food, which is of 
special concern for Beijing during the 2008 Summer 
Olympics.\34\ For example, Article 28 states that producers and 
vendors could receive lenient treatment or be exempted from 
penalties if they took the initiative to promptly recall unsafe 
food. The draft regulations also contain 18 articles regarding 
penalties for violations, including a maximum fine of 500,000 
yuan (US$66,556). Some policymakers, however, believe that 
these penalties are too lenient to act as an effective 
deterrent.\35\
    In terms of policy objectives, the State Council publicly 
released its national Five-Year Plan on Food and Drug Safety 
(2006-2010) on June 5, 2007,\36\ with the aim to implement 
strict controls to prevent farmers and producers from overusing 
pesticides and additives, to publish online lists of 
blacklisted food exporters and 
restrict their ability to export, to strengthen investigations 
of major food safety incidents, to upgrade standards, and to 
severely punish offenders.\37\ The AQSIQ announced plans to 
implement the first national recall system by the end of 2007, 
which would contribute to building a food safety credibility 
system, if implemented effectively, and would fill a regulatory 
void in the national law.\38\ The Standardization 
Administration of China and the AQSIQ also aim to standardize 
processes in the food industry by changing, abolishing, and 
amending standards so that the average duration of food 
standards will be reduced from 12 years to 4\1/2\ years by 
2010.\39\

    Table 1.--Major National Government Departments With Food Safety
                       Oversight Responsibilities
  (Note: Under some circumstances, other national-level departments not
        listed here may perform food safety oversight functions.)
------------------------------------------------------------------------
                                              Main Responsibility With
             Government Agency                  Regard to Food Safety
------------------------------------------------------------------------
State Food and Drug Administration          Established in 2003, the
 (SFDA)\40\                                  SFDA is charged with
                                             comprehensive supervision
                                             over the safety management
                                             of food and health foods.
                                             Within the SFDA, there is a
                                             Department of Food Safety
                                             Coordination and a
                                             Department of Food Safety
                                             Supervision.
------------------------------------------------------------------------
General Administration of Quality           AQSIQ is charged with the
 Supervision, Inspection and Quarantine      supervision, management,
 (AQSIQ)\41\                                 inspection, and quarantine
                                             of import and export
                                             products, including food,
                                             and their producers. AQSIQ
                                             has a few departments that
                                             directly focus on food
                                             safety, including the
                                             Bureau of Import and Export
                                             Food Safety and the
                                             Department of Supervision
                                             on Food Production.
------------------------------------------------------------------------
Ministry of Health (MOH)\42\                MOH is charged with the
                                             supervision of food health,
                                             the formulation of food and
                                             cosmetics quality control
                                             protocols, and
                                             responsibility for its
                                             accreditation, as well as
                                             the supervision of the
                                             catering and restaurant
                                             industry.
------------------------------------------------------------------------
Ministry of Agriculture (MOA)\43\           MOA is charged with the
                                             supervision of the
                                             production of primary
                                             agricultural products.
------------------------------------------------------------------------
Ministry of Commerce (MOFCOM)\44\           MOFCOM is charged with
                                             researching and managing
                                             measures for the regulation
                                             of import and export
                                             commodities and compiling a
                                             catalogue of these
                                             regulations, organizing the
                                             implementation of an import
                                             and export quota plan,
                                             deciding on quota quantity,
                                             issuing licenses, and
                                             drafting and implementing
                                             import and export commodity
                                             quota tendering policies.
                                             In addition, it is charged
                                             with a broader mandate to
                                             formulate development
                                             strategies, guidelines, and
                                             policies that relate to
                                             domestic and international
                                             trade, and economic
                                             cooperation.
------------------------------------------------------------------------
State Administration for Industry and       SAIC is charged with the
 Commerce (SAIC)\45\                         supervision of food
                                             circulation and
                                             distribution.
------------------------------------------------------------------------


   Table 2.--Major Local-Level Government Departments With Food Safety
                       Oversight Responsibilities
       (Based on analysis of Hangzhou City, Zhejiang province)\46\
------------------------------------------------------------------------
                                              Main Responsibility With
             Government Agency                  Regard to Food Safety
------------------------------------------------------------------------
Municipal Food and Drug Supervision Bureau  Responsible for the
                                             comprehensive supervision
                                             and management of food
                                             safety, and the
                                             investigation and
                                             prosecution of major
                                             incidents.
------------------------------------------------------------------------
Municipal Party Committee Propaganda        Responsible for propaganda
 Department                                  work related to food
                                             safety.
------------------------------------------------------------------------
Municipal Party Committee Rural Affairs     Responsible for coordinating
 Office                                      work with the Municipal
                                             Rural Affairs Office's
                                             related system to monitor
                                             food safety.
------------------------------------------------------------------------
Municipal Development and Reform            Responsible for carrying out
 Commission                                  the implementation of
                                             policies relating to the
                                             development of the food
                                             industry.
------------------------------------------------------------------------
Municipal Economic Commission               Responsible for directing
                                             and managing the food
                                             production industry.
------------------------------------------------------------------------
Municipal Education Bureau                  Responsible for school food
                                             safety management and food
                                             safety and health education
                                             work.
------------------------------------------------------------------------
Municipal Science and Technology Bureau     Responsible for the
                                             formulation and
                                             implementation of food
                                             safety science and
                                             technology plans.
------------------------------------------------------------------------
Municipal Public Security Bureau            Responsible for
                                             investigating and
                                             prosecuting suspected
                                             criminals in cases
                                             involving the production or
                                             sale of counterfeit,
                                             poisonous, or harmful food
                                             products.
------------------------------------------------------------------------
Municipal Supervision Bureau                Responsible for
                                             participating in the
                                             investigation, handling,
                                             inspection, supervision,
                                             and disciplining of those
                                             responsible for major food
                                             safety incidents.
------------------------------------------------------------------------
Municipal Finance Bureau                    Responsible for safeguarding
                                             expenses related to food
                                             safety monitoring work and
                                             the supervision of the use
                                             of funds.
------------------------------------------------------------------------
Municipal Agricultural Bureau (Aquatic      Responsible for the
 Product Division)                           monitoring of the
                                             production of primary
                                             agricultural products.\47\
------------------------------------------------------------------------
Municipal Forestry and Water Bureau         Responsible for providing
                                             guidance, coordination,
                                             supervision, and management
                                             on the use of terrestrial
                                             animals and wildlife, and
                                             forest products development
                                             plans.
------------------------------------------------------------------------
Municipal Trade Bureau                      Responsible for the
                                             management of the livestock
                                             slaughtering industry and
                                             the supervision and
                                             management of slaughtering
                                             activities.
------------------------------------------------------------------------
Municipal Grain Bureau                      Responsible for management
                                             work to ensure the quality
                                             of grain that has been
                                             purchased, in storage, and
                                             in transit, and the safety
                                             of unprocessed food grains.
------------------------------------------------------------------------
Municipal Culture, Radio, Television, and   Responsible for monitoring
 News Publishing Bureau\48\                  and discipline work related
                                             to the city's printing
                                             industry of packaging
                                             materials for food
                                             products.
------------------------------------------------------------------------
Municipal Health Bureau                     Responsible for the
                                             supervision of food
                                             consumption in the catering
                                             and restaurant
                                             industry.\49\
------------------------------------------------------------------------
Municipal Environmental Protection Bureau   Responsible for the
                                             monitoring, supervision,
                                             and investigation of
                                             environmental pollution
                                             that affects food.
------------------------------------------------------------------------
Municipal Industry and Commerce Bureau      Responsible for the
                                             supervision of the
                                             circulation and
                                             distribution of food.\50\
------------------------------------------------------------------------
Municipal Quality Supervision Bureau        Responsible for the
                                             supervision of food product
                                             quality and safety during
                                             processing.\51\
------------------------------------------------------------------------
Municipal City Management Law Enforcement   Responsible for the
 Bureau                                      investigation and
                                             prosecution of unlicensed
                                             outdoor sellers and
                                             unlicensed outdoor
                                             breakfast stalls.
------------------------------------------------------------------------
Municipal Legal Affairs Office              Responsible for the
                                             supervision and inspection
                                             of food safety work units
                                             in charge of law
                                             enforcement, and to ensure
                                             that they are administering
                                             their duties according to
                                             law.
------------------------------------------------------------------------
Municipal Supply and Marketing Cooperative  Responsible for the supply
                                             and marketing system of
                                             agricultural products in
                                             wholesale markets, the
                                             production, processing, and
                                             circulation of agricultural
                                             products, and the
                                             management of the
                                             agricultural industry's
                                             means of production.
------------------------------------------------------------------------


  Table 3.--Select Major Events and Government Food Safety Initiatives
                            From 2003 to 2007
------------------------------------------------------------------------
                   Date                              Initiative
------------------------------------------------------------------------
September 2004                              The State Council issued the
                                             Decision on Further
                                             Strengthening Food Safety
                                             Supervision.
------------------------------------------------------------------------
September 23, 2004                          SFDA issued its opinions
                                             regarding the
                                             implementation of the
                                             Decision of the State
                                             Council to Further
                                             Strengthen Food Safety.
------------------------------------------------------------------------
December 2004                               The Standardization
                                             Administration of China,
                                             the National Development
                                             and Reform Commission, MOA,
                                             MOFCOM, MOH, AQSIQ, SFDA,
                                             China National Light
                                             Industry Associations, and
                                             China General Chamber of
                                             Commerce jointly issued the
                                             National Food Standards
                                             Development Plan 2004-2005.
------------------------------------------------------------------------
March 2007                                  Pet food incident: Pet food
                                             companies initiated a
                                             national recall in the
                                             United States after tainted
                                             wheat gluten was found in
                                             cat and dog food. The
                                             tainted wheat gluten was
                                             eventually linked to the
                                             deaths of at least 16 cats
                                             and dogs and the illnesses
                                             of some 12,000 pets.
------------------------------------------------------------------------
May 7, 2007                                 Investigations revealed that
                                             two Chinese corporations,
                                             Xuzhou Anying Biologic
                                             Technology Development Co.
                                             and Binzhou Futian Biology
                                             Technology Co., are linked
                                             to the tainted wheat
                                             gluten.
------------------------------------------------------------------------
May 10, 2007                                The State Council vowed to
                                             crackdown on the food
                                             industry.
------------------------------------------------------------------------
May 24, 2007                                Toothpaste incident: The
                                             U.S. FDA announced that it
                                             would block imports of
                                             toothpaste from China due
                                             to reports elsewhere that
                                             diethylene glycol was found
                                             in toothpaste exported from
                                             China.
------------------------------------------------------------------------
May 30, 2007                                AQSIQ announced plans to
                                             establish a national food
                                             recall system.
------------------------------------------------------------------------
June 5, 2007                                The State Council publicly
                                             released its national 11th
                                             Five-Year Plan on Food and
                                             Drug Safety (2006-2010).
------------------------------------------------------------------------
July 25, 2007                               The State Council released
                                             the Special Regulations of
                                             the State Council on
                                             Intensifying Safety Control
                                             of Food and Other Products
                                             (No. 503 Decree of the
                                             State Council).
------------------------------------------------------------------------
August 17, 2007                             The Information Office of
                                             the State Council released
                                             a White Paper entitled
                                             ``China's Food Quality and
                                             Safety.''
------------------------------------------------------------------------
End of 2007                                 AQSIQ plans to implement the
                                             first national food recall
                                             system.
------------------------------------------------------------------------


Table 4.--Number of Food Safety Laws and Regulations Issued By Month and
                  Level of Government in China in 2007
------------------------------------------------------------------------
                                National and
       Month (in 2007)          Local Total        National       Local
------------------------------------------------------------------------
January                                   17                3        14
------------------------------------------------------------------------
February                                  12                2        10
------------------------------------------------------------------------
March (Note: pet food                     13                2        11
 incident first begins)
------------------------------------------------------------------------
April                                     21                1        20
------------------------------------------------------------------------
May (Note: toothpaste                     10                4         6
 incident, and widespread
 reporting of poisonous
 cough medicine, first
 begins)
------------------------------------------------------------------------
June                                      18                1        17
------------------------------------------------------------------------
July                                       8                0         8
------------------------------------------------------------------------
August                                     3                1         2
========================================================================
  Total (as of August 28,                102               14        88
 2007)
------------------------------------------------------------------------

                        non-food product quality


    Drug and product safety have been a longstanding domestic 
issue of concern in China. Recent incidents involving poisonous 
diethylene glycol in toothpaste and cough medicine, including 
the reported deaths of at least 100 people in Panama, have 
captured international attention.\52\ A survey by the General 
Administration of Quality Supervision, Inspection and 
Quarantine released in 2007 discovered that 23 percent of 
locally made toys failed to meet quality standards,\53\ and at 
least 18 Chinese people died in 2006 when they ingested 
medicine containing diethylene glycol.\54\ Since the 1980s, the 
Chinese central government has passed numerous national laws, 
regulations, and other legislative measures concerning drug and 
product safety.
    Despite the number of laws and regulations in the area of 
drug and product safety,\55\ domestic and international 
consumers continue to face the possibility of being harmed by 
products made in China without a standardized and transparent 
way to seek redress. For example, the Chinese government has 
repeatedly ignored or delayed responses to requests by foreign 
government officials to release the identity of companies that 
manufactured substandard drugs and to investigate these 
companies.\56\ Without this information and greater 
transparency, it is difficult for domestic and international 
consumers to bring cases against these companies and to avoid 
future incidents. Rural consumers and consumers in developing 
countries, who may not have adequate access to resources or 
knowledge of their rights, are particularly hard hit. Scholars 
have noted an influx of counterfeit goods into rural parts of 
China in recent years and a corresponding lack of bureaus at 
the local level who can address this influx.\57\
    Chinese public officials have taken some steps in the past 
year to address concerns over drug and product safety, possibly 
in response to recent incidents and international pressure, 
although these steps are reactive measures that are 
insufficient to address the root causes of safety concerns. For 
example, the Supreme People's Court approved the execution of 
Zheng Xiaoyu, former Commissioner of the State Food and Drug 
Administration (SFDA), in July 2007 after he was charged with 
accepting bribes from pharmaceutical companies in exchange for 
approving drug production licenses.\58\ Commentators have noted 
that Zheng's swift trial and execution were meant to serve as a 
warning to other officials,\59\ but it remains to be seen if 
Zheng's execution will serve as an adequate deterrent and have 
a lasting impact, especially given the lack of mechanisms in 
place to consistently and effectively address official 
corruption and counterfeit products.
    Amid recent incidents, the central government highlighted 
the forthcoming release of a revised drug registration 
regulation and its funding pledge of 8.8 billion yuan (US$1.1 
billion), which was first approved in 2005 as part of the 
government's 11th Five-Year Plan (2006-2010). The regulations 
charge the SFDA with the responsibility to fine companies that 
submit counterfeit drug samples or inaccurate information, to 
establish a panel system to review drug approvals, to raise 
approval standards, and to disclose on the Internet the name of 
the official reviewing a drug application and its stage in the 
submission process.\60\ The SFDA and corresponding bureaus will 
use the 8.8 billion yuan to improve infrastructure, such as the 
renovation or building of inspection and testing facilities. 
The central government will contribute 71 percent of the funds, 
with the remainder coming from local governments.\61\
    Despite these initiatives, serious challenges remain, 
including local government implementation of legislative 
measures, official corruption, and inadequate attempts to 
address the counterfeiting of products. Overall, enforcement 
remains hindered by China's existing regulatory structure, such 
as local food and drug safety bureaus that are beholden to 
local governments for their budgetary and personnel 
allocations, and national agencies providing these bureaus with 
non-binding and often unfunded policy directives for 
implementation.\62\ Local government officials, whose 
promotions are largely based on their ability to promote 
economic growth, have more incentive to allow the 
counterfeiting of products than to effectively regulate drug 
and product safety.\63\ In addition, regulatory loopholes 
hamper the government's oversight ability, with dangerous 
consequences for consumers. For example, in the case involving 
at least 100 reported deaths in Panama due to the use of 
diethylene glycol in cough medicine, the Ministry of Foreign 
Affairs noted that neither the chemical company that made the 
cough medicine, nor the state-owned company that exported it, 
fell under the regulatory supervision of the SFDA.\64\ These 
companies were not classified as pharmaceutical production or 
sales businesses. In the case of the chemical company, it 
classified itself as making chemical industry raw material and 
was not licensed to make pharmaceutical products nor subject to 
inspections under the SFDA.\65\
    Limited civil society activity, as well as continued 
official harassment of whistleblowers, place additional 
limitations on the government's ability to effectively regulate 
the drug and product industries and ensure consumer safety. 
Currently, there is a lack of effective consumer protection 
laws and very few consumer associations or other civil society 
groups to help monitor the quality and safety of consumer 
products.\66\ Instead, public officials continue to punish 
those who try to notify others, via the Internet or through 
other forms of communication, of collusion between food and 
drug agencies and industry, or of unsafe or unconscionable 
industry practices.\67\
    In 2006, law enforcement officials in Haikou city, Hainan 
province, detained Zhang Zhijian for nine months for reposting 
an anonymously written essay on the Internet that detailed 
collusion between high-level officials in the SFDA and a 
pharmaceutical company.\68\ Public security officials detained 
him on ``suspicion of damaging company reputation'' after the 
company filed a complaint. He was finally released after 
investigations revealed that the accusations of collusion and 
corruption were true.\69\ As a result of his detention, Zhang 
lost his job and reported difficulty finding other 
employment.\70\ On March 26, 2007, Zhang filed a lawsuit with a 
Haikou city court seeking state compensation for wrongful 
detention and damage to reputation.\71\ The court awarded Zhang 
24,000 yuan (US$3,190) on July 20, 2007.\72\
    In another case, Zhou Huanxi posted a story online in March 
2007 that described how the company she worked for made 
substandard tonic for pregnant women.\73\ When she initially 
tried to inform public officials in 2002, her employer fired 
her from her job and she was imprisoned for three years and six 
months on charges of extortion.\74\ Zhou was released in 
November 2005.\75\ Although there are provisions in the State 
Compensation Law that allow for individuals to sue the 
government for wrongful punishment, these provisions are not 
traditionally thought of as a whistleblower protection law 
since they only apply after the fact, nor are there other 
whistleblower protection laws currently in place.\76\


                             climate change


    Some Chinese government officials reportedly have made 
statements that recognize that human activity worldwide is 
contributing to greenhouse gas (GHG) emissions. For example, 
China's first National Report on Climate Change, released in 
December 2006 by the Ministry of Science and Technology, 
concludes that ``greenhouse gas (GHG) emissions from human 
activity contribute to increasingly serious global climate 
change problem.'' \77\ China's domestic stance regarding 
climate change, however, is quite different from its stance in 
international forums. Internationally, China assumes the 
posture of a developing country, which drives much of its 
behavior with respect to the issue of climate change in the 
international context. Since 2002, China has announced domestic 
goals and initiated reforms that are aimed at energy security 
and China's economic development strategies, but these policies 
can also help to combat climate change if implemented properly 
at the local level. There is, however, no current policy that 
directly addresses China's heavy reliance on coal, and current 
measures are not enough to stop emissions from increasing 
significantly. It is unlikely that China will accept a 
mandatory reduction in its GHG emissions.\78\
    The Chinese government changed its stance on climate change 
in 2002 as China's energy consumption growth surpassed its 
economic growth for the first time in modern history.\79\ China 
could no longer claim that it was not contributing to the 
severity of global GHG emissions as it pursued rapid 
industrialization. President Hu Jintao's administration came 
into power at the same time and pledged to move away from the 
``economic growth at all costs'' stance of his predecessor to a 
policy approach that, in Hu's words, called for ``scientific 
development'' and a ``harmonious society'' with a focus on 
conservation and sustainable development (``circular 
economy'').\80\ These two pledges reflect concerted efforts to 
combat climate change, and public officials have taken some 
steps to mitigate and adapt to climate change by adopting laws 
and other policy initiatives and by establishing a National 
Coordination Committee. Public officials could achieve more, 
but they are hampered by ineffective administrative and market 
incentives that fail to encourage local compliance, and by 
limitations on civil society activity.
    Since 2002, China's annual GHG emissions have also 
increased rapidly due to strong economic growth and an 
increasing demand for energy.\81\ The International Energy 
Agency has projected that China will surpass the United States 
in annual GHG emissions by 2010, and possibly as early as 
2007.\82\ In June 2007, the Netherlands Environmental 
Assessment Agency noted that China's emissions for 2006 
surpassed the emissions from the United States in that 
year.\83\ Although China's per capita GHG emissions and 
cumulative GHG emissions are still comparatively low,\84\ its 
increasing share of global GHG emissions may be a trend that 
cannot be significantly reduced or reversed without 
governmental intervention.

            China's International Response to Climate Change

    China ratified the UN Framework Convention on Climate 
Change in 1993 and the Kyoto Protocol (Protocol) in 2002.\85\ 
As a non-Annex 1 (developing) country, China has no binding 
emissions limits under the Protocol's first commitment period 
from 2008 to 2012. China is, however, an active participant in 
the Clean Development Mechanism established under the Protocol, 
which allows developed countries to use emissions credits for 
reductions in developing countries toward their own Protocol 
targets.\86\ Despite China's increasing share of global GHG 
emissions, its current position as a developing country 
translates into ``common but differentiated'' responsibilities 
that are based more on its level of historical responsibility 
for the problem, its level of economic development, and its 
capability to act on the problem, than on its current annual 
GHG emissions rate.\87\ The Chinese government continues to 
welcome international cooperation, and bilateral and 
multilateral exchanges with the United States and other 
countries in the form of the Asia-Pacific Partnership on Clean 
Development and Climate and the China-EU Partnership, that help 
to promote clean energy production projects and technology 
transfer.\88\

              China's Domestic Response to Climate Change

    Motivated by energy security concerns and its economic 
growth targets, the Chinese government has announced domestic 
goals and initiated numerous reforms which, if effectively 
implemented, could help to combat climate change by conserving 
energy, reducing pollutant emissions, and increasing the use of 
renewable energy. The government has also enacted laws that 
relate to energy conservation, including the Energy 
Conservation Law (1997) and the National Renewable Energy Law 
(2005). There is, however, no policy that directly addresses 
China's heavy reliance on coal, and current measures are not 
enough to stop such emissions from increasing 
significantly.\89\
    In its 11th Five-Year Plan (2006-2010), the central 
government has pledged to ``conserve energy and reduce 
pollution,'' but has failed to meet goals set forth in the 
plan.\90\ In 2006, China's energy consumption per unit of GDP 
decreased by 1.2 percent despite a stated goal of 4 
percent.\91\ Similarly, air and water pollutant levels in 2006 
increased by 1.8 and 1.2 percent, respectively, despite the 
government's stated goal of reducing pollutants by 2 
percent.\92\ The failure to meet such goals may indicate that 
administrative and market-oriented incentives in place at the 
local level are inadequate to persuade local officials to adopt 
more sustainable forms of economic growth.\93\
    Over the past year, the government published reports that 
suggest a high level of government attention to the issue of 
climate change, but it remains to be seen how vigorous local 
implementation will be. The central government released its 
first National Assessment Report on Climate Change in December 
2006,\94\ and a General Work Plan for Energy Conservation and 
Pollutant Discharge Reduction on June 4, 2007, that outlines 
how China intends to address climate change over the next five 
years.\95\ The plan's release was delayed due to reported 
differences in official views at the national and local levels, 
but it was eventually published ahead of the opening of the G8 
summit on June 6, 2007. Specifically, the plan establishes the 
formation of regional administration systems to better 
coordinate interagency work on climate change, energy 
efficiency, and renewable energy.\96\ The plan also establishes 
a ``National Leading Group on Climate Change,'' headed by 
Premier Wen Jiabao. In addition, there have been increases in 
the level of staffing for key agencies such as the statistics 
bureaus, which can strengthen data collection so as to better 
inform policy decisions.\97\

  Effects of Climate Change and Expanding the Debate on Climate Change

    The effects of China's heavy reliance on coal, the 
resultant pollution and GHG emissions, and policies to address 
these issues, have serious implications for domestic and 
international citizens' public health, and the global 
environment and economy. For example, air pollutants from China 
have been detected on the west coast of the United States, and 
sand storms that originate in China have reached its Asian 
neighbors.\98\ Energy conservation and pollution reduction, and 
policies that address these issues, are thus also quality of 
life and public safety issues, exacerbated by official inaction 
or complicity that results in perceived harm. In addition, 
access to energy in rural areas, the contribution that energy 
security can provide in the development of the rule of law and 
government transparency, and the still preliminary level of 
engagement of domestic civil society organizations in work on 
climate change are 
examples of additional issues that are not part of the 
traditional debate on climate change.
    Policy approaches that attempt to control large amounts of 
emissions from a group of sources face greater challenges and 
are not as well-developed in China as they are elsewhere. In 
one such approach the government mandates an overall cap, or 
the maximum amount of emissions per compliance period, and lets 
sources, such as companies, decide how to use their individual 
emissions allowances. Under this system, known as cap and 
trade, a company might decide to use pollution control 
technology or more efficient energy sources in order to not 
exceed its cap, or purchase additional allowances from other 
companies if the company believes it will exceed its cap. 
Companies able to lower their emissions below their allotted 
allowance can have the difference credited for later use or 
sell these credits to another company for a profit.\99\ This 
approach has been used in the United States with regard to 
sulfur dioxide emissions.\100\ In part because some plants 
increase levels of pollutants and receive credits for reducing 
them later, cap and trade systems are not foolproof. There is 
also concern that emissions allowances for certain practices, 
such as agricultural offsets, may be overvalued, without a way 
to properly measure and verify if this is indeed the case.\101\
    Given China's current information collection system, level 
of transparency, and accountability, it is not clear whether a 
system that depends on these factors can be implemented in a 
manner that effectively reduces carbon dioxide and other 
greenhouse gases. Challenges that confront effective 
implementation in China include the government's inability to 
accurately and consistently collect data on emissions, which is 
essential to establishing and maintaining an effective 
program.\102\ In addition, the government must have 
accountability mechanisms in place that allow for the accurate 
reporting of emissions, and the rigorous and consistent 
enforcement of penalties for fraud and noncompliance. 
Transparency in areas such as public access to source-level 
emissions and allowance data are also important.\103\ The 
accuracy and consistency of information, accountability, and 
transparency are all issues associated with persistent 
institutional challenges in China. [See Section II--Freedom of 
Expression and Section II--Rights of Criminal Suspects and 
Defendants.] Other options exist that may help to reduce 
greenhouse gas emissions. Some that are being attempted or 
discussed in other countries as well as in China include: 
implementing a tax on carbon emissions, regulatory measures 
that require industries to use the cleanest available 
technologies, policies that promote research and development 
into clean technologies, and policy changes that favor non-
carbon emitting technologies such as nuclear or wind power 
generation.

                                Endnotes

    \1\ Ministry of Health (Online), Causes of Food Poisoning in 2006, 
Chinese Health Statistical Digest, 1 June 07. In 2003, the Ministry of 
Health reported that there were 1,481 cases, which affected 29,600 
people, with 262 deaths. Ministry of Health (Online), Causes of Food 
Poisoning and Causes in 2003, Chinese Health Statistical Digest, 21 May 
04.
    \2\ ``Fixing China's Food Safety Issues Will Require a $100 Billion 
Investment, According to New A.T. Kearney Research,'' A.T. Kearney, 26 
June 07; Audra Ang, ``China Calls for More Testing of Exports,'' 
Associated Press (Online), 6 June 07.
    \3\ Waikeung Tam and Dali Yang, ``Food Safety and the Development 
of Regulatory Institutions in China,'' 29 Asian Perspective 6, 7 
(2005); Drew Thompson, ``China's Food Safety Crisis: A Challenge to 
Global Health Governance,'' 7 China Brief 8, 8 (2007).
    \4\ David Barboza, ``Some Suspect Chemical Mix in Pet Food,'' New 
York Times (Online), 12 April 07.
    \5\ Frank Ahrens, ``FDA Halts Imports of Some Chinese Seafood,'' 
Washington Post (Online), 29 June 07,
    \6\ Yang Yang and Jennifer L. Turner, ``Food Safety in China,'' 
China Environmental Forum, Woodrow Wilson Center for International 
Scholars, 28 July 07.
    \7\ Ibid.
    \8\ Elizabeth C. Economy, ``The Great Leap Backward?,'' Foreign 
Affairs (Online), September/October 2007, 2.
    \9\ Yang Yang and Turner, ``Food Safety in China.''
    \10\ Zhao Huanxin, ``China's Food Safety Beset by Challenges,'' 
China Daily (Online), 11 July 07; Thompson, ``China's Food Safety 
Crisis: A Challenge to Global Health Governance,'' 8.
    \11\ State Council Information Office (Online), White Paper on 
China's Food Quality and Safety, 17 August 07, 1.
    \12\ Waikeung Tam and Dali Yang, ``Food Safety and the Development 
of Regulatory Institutions,'' 10-13.
    \13\ For example, a 2003 survey by the China Consumers Association 
reports that villagers are most worried about product quality and 
substandard and counterfeit products. Ibid., 21-22.
    \14\ Yan Jiangying, a representative from the SFDA notes that, ``As 
a developing country, China's food and drug supervision work began late 
with weak foundations. Therefore, the situation is not very 
satisfactory.'' Zhao Huanxin, ``China's Food Safety Beset by 
Challenges;'' David Barboza and Walt Bogdanich, ``China Shuts 3 
Companies over Safety of Products,'' New York Times (Online), 21 July 
07; Zhang Pinghui, ``Focus To Be on Harmful Drugs, Chemicals in Feed,'' 
South China Morning Post (Online), 26 July 07.
    \15\ Barboza and Bogdanich, ``China Shuts 3 Companies over Safety 
of Products.''
    \16\ Ibid.; David Barboza, ``Chinese Regulators Find Widespread 
Abuses in Food Industry,'' International Herald Tribune (Online), 27 
June 07.
    \17\ Andrew Martin and Griff Palmer, ``China Not Sole Source of 
Dubious Food,'' New York Times (Online), 13 July 07.
    \18\ CECC Staff Search. See also, Hu Ying, ``China Struggles To 
Digest Food Safety Laws,'' Asia Times (Online), 28 August 07.
    \19\ David Barboza, ``Another Consumer Product Disaster in China: 
Exploding Mobile Phone Batteries,'' International Herald Tribune 
(Online), 6 July 07; Yang Yang and Turner, ``Food Safety in China,''4.
    \20\ Waikeung Tam and Dali Yang, ``Food Safety and the Development 
of Regulatory Institutions'' 31.
    \21\ For example, see the Zhejiang province Food Safety Information 
Net: http://www.zjfs.gov.cn/; the Shaanxi province Food Safety 
Information Net: http://www.sxfs.gov.cn/; and the Guangzhou city Food 
Safety Information Net: http://www.gzfood.net. Ibid., 31.
    \22\ Zhejiang province, through the provincial- and local-level 
industry and commerce bureaus, established a rural consumer rights 
protection network, including consumer associations and consumer rights 
protection stations. Among administrative villages that lacked an 
association or a station, the industry and commerce bureau would 
cooperate with the township- or county-level government to establish 
consumer rights protection points that designated personnel to mediate 
disputes or complaints that were filed by rural consumers. State 
Administration of Industry and Commerce Government Affairs Information 
(Online), ``Problems with the Rural Consumer Rights Protection Network, 
and Countermeasures'' [Nongcun xiaofei weiquan jiandu wangluo jianshe 
cunzai de wenti ji duice (zhejiang sheng ningbo shi gongshang ju)], 7 
July 06; Waikeung Tam and Dali Yang, ``Food Safety and the Development 
of Regulatory Institutions,'' 34.
    \23\ Zhejiang Rural Citizens Do Not Have To Leave the Village In 
Order to Have Their Rights Safeguarded'' [Zhejiang nongmin weiquan 
buyong chu cun], Zhejiang Business (Online), 15 December 05.
    \24\ Waikeung Tam and Dali Yang, ``Food Safety and the Development 
of Regulatory Institutions,'' 34.
    \25\ Ibid., 27; Zhao Huanxin, ``China's Food Safety Beset by 
Challenges;'' State Council Information Office, White Paper on China's 
Food Quality and Safety, 4.
    \26\ Waikeung Tam and Dali Yang, ``Food Safety and the Development 
of Regulatory Institutions,'' 27.
    \27\ Ibid.; Zhao Huanxin, ``China's Food Safety Beset by 
Challenges.''
    \28\ State Council Information Office, White Paper on China's Food 
Quality and Safety, 4.
    \29\ Don Lee and Abigail Goldman, ``Gluten Factory Had a Toxic 
History,'' Los Angeles Times (Online), 9 May 07.
    \30\ ``Premier: Food Safety a Top Priority,'' China Daily (Online), 
26 July 07; ``President Hu Stresses the Importance of Farm Produce 
Safety,'' Xinhua (Online), 25 April 07.
    \31\ ``China To Tighten Control of Antibiotics in Seafood,'' 
Reuters (Online), 25 July 07; ``China Strengthening Food Rules,'' 
Associated Press, reprinted in China Daily (Online), 25 July 07.
    \32\ ``China Strengthening Food Rules,'' Associated Press.
    \33\ ``Amendments to Food Safety Standards Completed,'' China Daily 
(Online), 4 July 07; ``Premier: Food Safety a Top Priority,'' China 
Daily.
    \34\ ``China To Tighten Control of Antibiotics in Seafood,'' 
Reuters.
    \35\ Ibid.
    \36\ The Plan was approved by the State Council in April 2007. 
``China Vows Better Food Safety,'' Wall Street Journal (Online), 7 June 
07; ``China To Fight Unsafe Food and Medicine,'' Reuters, reprinted in 
Toronto Star (Online), 5 June 07; ``Former Head of China's Drug 
Watchdog Executed,'' Xinhua (Online), 10 July 07; ``Amendments to Food 
Safety Standards Completed,'' China Daily.
    \37\ Ibid.; ``China To Tighten Control of Antibiotics in Seafood,'' 
Reuters; Zhao Huanxin, ``China's Food Safety Beset by Challenges.''
    \38\ Beijing municipal government has already made similar 
provisions in local food safety regulations. Waikeung Tam and Dali 
Yang, ``Food Safety and the Development of Regulatory Institutions,'' 
32-33.
    \39\ ``Amendments to Food Safety Standards Completed,'' China 
Daily.
    \40\ State Food and Drug Administration (Online), ``Main 
Responsibilities,'' last visited 27 August 07.
    \41\ General Administration of Quality Supervision, Inspection and 
Quarantine (Online), ``General [sic] Administration of Quality 
Supervision, Inspection and Quarantine of the People's Republic of 
China,'' last visited 27 August 07.
    \42\ PRC Central People's Government (Online), ``Ministry of 
Health,'' last visited 30 August 07; Information Office of the State 
Council, White Paper on China's Food Quality and Safety, 4.
    \43\ Information Office of the State Council, White Paper on 
China's Food Quality and Safety, 3.
    \44\ Ministry of Commerce (Online), ``Main Mandate of the Ministry 
of Commerce,'' last visited 30 August 07.
    \45\ State Council Information Office, White Paper on China's Food 
Quality and Safety, 3-4.
    \46\ Hangzhou Municipal Food Safety Commission (Online), ``Hangzhou 
Municipal Food Safety Commission Public Notice,'' 15 March 05.
    \47\ One of the four ``monitoring links'' set forth in the Decision 
on Further Strengthening Food Safety Supervision, issued by the State 
Council in 2004. State Council Information Office, White Paper on 
China's Food Quality and Safety, 3.
    \48\ The Hangzhou Municipal Culture, Radio, Television, and News 
Publishing Bureau is a combination of three bureaus: the culture 
bureau, the radio and television bureau, and the news publishing 
bureau. Hangzhou Municipal Culture, Radio, Television, and News 
Publishing Bureau (Online), ``Hangzhou Municipal Culture, Radio, 
Television, and News Publishing Bureau General Situation,'' last 
visited 28 August 07.
    \49\ One of the four ``monitoring links'' set forth in the Decision 
on Further Strengthening Food Safety Supervision, issued by the State 
Council in 2004. State Council Information Office, White Paper on 
China's Food Quality and Safety, 4.
    \50\ Ibid., 3.
    \51\ Ibid.
    \52\ ``Key Dates in China Export Scares,'' Wall Street Journal 
(Online), 7 August 07. Toothpaste exported from China containing 
diethylene glycol has been confiscated or banned in the United States, 
Singapore, Panama, the Dominican Republic, South Africa, Australia, 
Nicaragua, Greece, and Poland. The New York Times reports the figure of 
at least 100 deaths from the use of cough medicine containing 
diethlyene glycol in Panama. Jake Hooker, ``Chinese Company Linked to 
Deaths Wasn't Licensed,'' New York Times (Online), 9 May 07.
    \53\ Andrew Batson, ``China's Safety Failures Include Toys Sold at 
Home,'' Wall Street Journal (Online), 2 July 07.
    \54\ Walt Bogdanich, ``F.D.A. Tracked Poisoned Drugs, but Trail 
Went Cold in China,'' New York Times (Online), 19 June 07.
    \55\ A U.S. expert has noted that in the area of packaging 
standards and pricing alone, China has more than 30 laws and 
regulations. ``Can China Restore Its Exports Image?,'' Financial Times 
(Online), 21 August 07.
    \56\ Bogdanich, ``F.D.A. Tracked Poisoned Drugs, but Trail Went 
Cold in China;'' David Barboza, ``China Yields to Inquiry on Pet 
Food,'' New York Times (Online), 24 April 07.
    \57\ For example, a 2003 China Consumers Association survey found 
that villagers are most concerned about product quality and substandard 
and counterfeit goods. Waikeung Tam and Dali Yang, ``Food Safety and 
the Development of Regulatory Institutions,'' 21-22.
    \58\ ``Former Head of China's Drug Watchdog Executed,'' Xinhua; 
Geoff Dyer, ``China Executes Ex-Food Safety Chief,'' Financial Times 
(Online), 10 July 07.
    \59\ Ibid.
    \60\ Josephine Ma, ``Drug Makers Face Higher Standards,'' South 
China Morning Post (Online), 12 July 07.
    \61\ Zhuang Pinghui, ``8.8b To Be Spent on Food and Drug Safety,'' 
South China Morning Post (Online), 8 August 07.
    \62\ Waikeung Tam and Dali Yang, ``Food Safety and the Development 
of Regulatory Institutions,'' 10-13.
    \63\ Ibid.
    \64\ The New York Times reports the figure of at least 100 deaths 
from the use of cough medicine containing diethlyene glycol in Panama. 
Hooker, ``Chinese Company Linked to Deaths Wasn't Licensed;'' ``China 
Says Fatal Drug Outside Scope of Regulators,'' Reuters (Online), 8 May 
07.
    \65\ Ibid.
    \66\ ``Can China Restore Its Exports Image?,'' Financial Times; 
Thompson, ``China's Food Safety Crisis: A Challenge to Global Health 
Governance,'' 9.
    \67\ Ariana Eunung Cha, ``Safety Falters as Chinese Quiet Those Who 
Cry Foul,'' Washington Post (Online), 19 July 07.
    \68\ Ibid.; ``Reposting `Collusion Between Government and 
Pharmaceutical Company' Essay Ruined My Life'' [Zhuanzai 
`guanyaogoujie' wangwen daluan wo de yisheng], Beijing News (Online), 9 
April 07.
    \69\ The essay helped in part to initiate investigations against 
Zheng Xiaoyu, former Commissioner of the SFDA, and Cao Wenzhuang, 
former director of SFDA's drug registration department. Cha, ``Safety 
Falters as Chinese Quiet Those Who Cry Foul.''
    \70\ Ibid.
    \71\ ``Reposting `Collusion Between Government and Pharmaceutical 
Company' Essay Ruined My Life,'' Beijing News.
    \72\ ``[Zhang Zhijian] Who Was Formerly Wrongfully Detained by Law 
Enforcement Officials, Received 24,000 Yuan in Compensation Yesterday'' 
[Ceng bei sifa jiguan cuowu jiya 9 ge duo yue, zuori huo pei 2.4 wan], 
Southern Metropolitan Daily (Online), 21 July 07.
    \73\ Cha, ``Safety Falters as Chinese Quiet Those Who Cry Foul.''
    \74\ Ibid.
    \75\ Ibid.
    \76\ PRC State Compensation Law, enacted 12 May 94, art. 3.
    \77\ The exact language is ``Renlei huodong paifang de wenshi qiti 
daozhi yuelaiyue yanzhong de quanqiu qihou bianhua wenti.'' Ministry of 
Science and Technology (Online), ``MOST, Six Other Agencies Release 
China's Climate Change National Assessment Report'' [Keji bu deng liu 
buwei lianhe fabu ``qihou bianhua guojia pinggu baogao''], 26 December 
06; Ling Li, ``China Releases First National Report on Climate 
Change,'' China Watch (Online), 11 January 07.
    \78\ For example, if China decides to accept classification as a 
developed country, or if there is a diversification in the types of 
commitments that countries can accept that go beyond the developing 
versus developed country framework. Briefing on China, the Economy, and 
Global Warming, Panel hosted by the U.S. House of Representatives 
Committee on Foreign Affairs and National Environmental Trust, 23 July 
07.
    \79\ Ibid.
    \80\ CECC, 2004 Annual Report, 5 October 04, 1; ``China To Enact 
Law on Circular Economy,'' Xinhua (Online), 26 August 07.
    \81\ Briefing on China, the Economy, and Global Warming, Panel 
hosted by the U.S. House of Representatives Committee on Foreign 
Affairs and National Environmental Trust, 23 July 07.
    \82\ John Vidal, ``China Could Overtake US as Biggest Emissions 
Culprit by November,'' The Guardian (Online), 25 April 07.
    \83\ Ibid.
    \84\ Briefing on China, the Economy, and Global Warming.
    \85\ United Nations Framework Convention on Climate Change 
(Online), Status of Ratification, 11 April 07.
    \86\ Briefing on China, the Economy, and Global Warming.
    \87\ National Development and Reform Commission (Online), The 
People's Republic of China National Climate Change Program, June 2007, 
2; Pew Center on Global Climate Change (Online), ``Climate Change 
Mitigation Measures in the People's Republic of China,'' International 
Brief 1, April 2007.
    \88\ Pew Center on Global Climate Change, ``Climate Change 
Mitigation Measures in the People's Republic of China.''
    \89\ Briefing on China, the Economy, and Global Warming.
    \90\ Pew Center on Global Climate Change, ``Climate Change 
Mitigation Measures in the People's Republic of China.''
    \91\ Ting Shi, ``Wen Warns of Grim Environmental Challenge,'' South 
China Morning Post (Online), 10 July 07. China had an increase in 
energy consumption per unit of GDP for the years 2003 to 2005. Briefing 
on China, the Economy, and Global Warming.
    \92\ ``Question Marks over China's Climate Commitment,'' Agence 
France-Presse (Online), 6 May 07; U.S.-Chinese Economic and Security 
Review Commission, China's Energy Consumption and Opportunities for 
U.S.-China Cooperation to Address the Effects of China's Energy Use, 14 
June 07, Testimony of Elizabeth Economy, C.V. Starr Senior Fellow and 
Director, Asia Studies, Council on Foreign Relations.
    \93\ Fu Jing, ``Local Gov'ts `Ignoring' Green Model,'' China Daily 
(Online), 23 July 07.
    \94\ Ling Li, ``China Releases First National Report on Climate 
Change.''
    \95\ National Development and Reform Commission, The People's 
Republic of China National Climate Change Program; Daniel Griffiths, 
``China's Mixed Messages on Climate,'' BBC (Online), 7 May 07; 
``Analysis: PRC Climate Plan Aims To Deflect Criticism Prior to G-8,'' 
Open Source Center (Online), 7 June 07.
    \96\ Joanna I. Lewis, ``China's Climate Change Strategy,'' 7 China 
Brief 10, 11 (2007).
    \97\ Briefing on China, the Economy, and Global Warming.
    \98\ ``S. Korea Increases Monitoring Posts for Yellow Dust in 
China,'' Yonhap News (Online), 5 April 07; ``China Works To Fight 
Desertification in Xinjiang,'' China Daily (Online), 10 July 07.
    \99\ Jeff Goodell, ``Capital Pollution Solution?,'' New York Times 
(Online), 30 July 06.
    \100\ U.S. Environmental Protection Agency (Online), ``Cap and 
Trade Essentials,'' last visited 23 August 07.
    \101\ Goodell, ``Capital Pollution Solution?,'' New York Times; 
``Carbon Markets Create a Muddle,'' Financial Times (Online), 26 April 
07; Michael Gerson, ``Hope on Climate Change? Here's Why,'' Washington 
Post (Online), 15 August 07.
    \102\ U.S. Environmental Protection Agency, ``Cap and Trade 
Essentials.''
    \103\ Ibid.

                                 
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