Based on a survey of reported judicial corruption cases nationwide between 1991 and 2008, this article develops a typology of various forms of judicial corruption, which is used as a tool for further analysis of the trends and patterns of judicial corruption in China.
By tracing the historical development of the relation between the Chinese Communist Party and China’s courts, this article finds that in order to subjugate the state as a whole to its superior power, the Party has confined judicial power to a ranking order which it has determined and administered.
This article proposes a “dual normative system” as a conceptual framework for the interpretation of the structural features of the Party-state. It also contends that this dual normative system shapes the constitutional reality of China.
Jerome Cohen, Professor of Law at NYU and Co-Director of the US-Asia Law Institute, Ira Belkin, Executive Director of the US-Asia Law Institute, Li Ling, Senior Research Scholar at the US-Asia Law Institute, and Margaret Lewis, Associate Professor of Law at Seton Hall Law School and an Affiliated Scholar at the US-Asia Law Institute, have contributed to a ChinaFile conversation on the upcoming Fourth Plenary Meeting of the CPC.
The ongoing campaign against corruption that forms the backbone of new Chinese president Xi Jinping’s reform platform is not nearly as robust as Communist Party media would have us believe. It is directed more at symptoms than causes and is limited in scope due to fears of citizen agitation on broader issues such as press freedom and transparency.
Although it still remains largely unsettled, the topic of “guanxi” seems to have slipped from the radar screens of sociologists, anthropologists as well as of China scholars in general. In sharp contrast and as a matter of real life experience, “guanxi” is alive and kicking as it were, i.e. a far from outdated phenomenon.