Social Connections (Guanxi) and Judicial Decision-making in China

Abstract

Political control is not the only potential source of interference with judicial independence and impartiality. As the stakeholders in cases, litigants have perhaps the most significant incentive to influence the outcome of judges' decision-making. Based on introducing the concept in Chinese society of interpersonal relationships known as guanxi into a discussion of the nature of judicial power, this article examines a report released by the Caijing magazine about 200 corrupt judges convicted between 1995 and 2013 and argues that in China's society with guanxi embedded as its cultural roots, social pressure from relatives, friends and acquaintances of judges is a major source of external interference in judicial decision-making.