"It Must Be Rock Strong !" Guanxi's Impact on Judicial Decision Making in China

被引:14
|
作者
He, Xin [1 ]
Ng, Kwai Hang [2 ]
机构
[1] Univ Hong Kong, Law, Hong Kong, Hong Kong, Peoples R China
[2] Univ Calif San Diego, Dept Sociol, La Jolla, CA 92093 USA
来源
AMERICAN JOURNAL OF COMPARATIVE LAW | 2017年 / 65卷 / 04期
基金
美国国家科学基金会;
关键词
SOCIAL RESOURCES; CORRUPTION; STRENGTH; PROTEST; TIES;
D O I
10.1093/ajcl/avx041
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Drawing upon data interviews with Chinese judges who were involved in, the decision-making process, we develop two variables for analyzing the influence of social ties, or guanxi, in the judicial setting. The first differentiates the strength of guanxi-whether it is strong or weak. The second-distinguishes whether the guanxi source is from a supervisor who has a role in affecting the benefit or the career development of the target judge. We argue that instead, of working independently, these two variables interact and. often mutually reinforce. With this typology, we contrast the means and outcomes of four types of guanxi. This Article deepens scholarly understanding of the operation of guanxi in Chinese courts. Our framework explains why shady practices that fuel favoritism and undermine the development of legal professionalism are difficult to pin, down and stamp out.
引用
收藏
页码:841 / 871
页数:31
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