Power, Corruption, and the Legal Process in China

Abstract

This article examines corruption-related white-collar crimes in China. The nature and characteristics of corruption offenses, the relevant laws, and the criminal justice responses to these crimes are discussed. An analysis of 1,554 criminal courtcases, adjudicated between 1986 and 2001, suggests that corruption offenses were significantly different from non-corruption offenses in both offender and offense characteristics and in key legal decisions. A further analysis of the impact of corruption cases on legal decisions reveals that, although corruption defendants were significantly less likely to be convicted, once convicted they were more likely to receive a lengthy sentence. The article explains the paradoxical treatment of corruption defendants pre-and post-conviction with reference to the unique cultural expectations of public officials in Chinese society: (a) Public officials enjoy privilege and power, and (b) they are expected to possess exemplary moral character. The findings suggest that the current Chinese legal system is embedded in its political and cultural conditions, especially with regard to the legal sanctions of corruption.