Abstract

In this article, I examine how privileged exchange opportunities in parochial corruption in China’s courts become marketized and made accessible to those who do not enjoy a relational-tie. To that end, I first analyze the conceptual features of guanxi, a particularistic relationship between two (or more) individuals who share a dyadic non-transferable relational-tie, as well as the operational rationale of guanxi-based exchange. Then I proceed to investigate what has led to the marketization of guanxi-based parochial corruption. The answer lies in the emergence of professional “judicial brokers”, particularly lawyers, who are best positioned to broker corrupt deals between judges and litigants. I also explain how a self-executable payment scheme, thanks to the asymmetry of anti-corruption measures, is developed to help solve the enforcement problem of illegal corrupt transactions. Finally, I provide some preliminary comparative reflections on guanxi and informal networks in other legal systems.

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.