How China's Crackdown on Corruption Has Led to Less Transparency in Its Enforcement of Its Anti-Bribery Laws

12 Pages Posted: 28 Apr 2015 Last revised: 27 Jan 2023

See all articles by Daniel C. K. Chow

Daniel C. K. Chow

Ohio State University (OSU) - Michael E. Moritz College of Law

Date Written: April 27, 2015

Abstract

China’s recent crackdown on government corruption and commercial bribery by multinational companies is widely known. As part of this campaign against bribery, the Chinese government has promulgated a number of new laws against corruption and bribery as well as lengthy and binding interpretations of existing laws. The Chinese state-controlled media is also full of reports of convictions of corrupt officials and hefty fines imposed on greedy multinationals trying to bribe their way to business success in China. Although these developments may indicate an increase in transparency in the enforcement climate against corruption and commercial bribery, ironically the crackdown on corruption has led to less transparency in China’s enforcement of its anti-bribery laws. The reason is that as cases of government corruption and commercial bribery become more important and the stakes become higher, the Communist Party believes that it must take a more hands on approach to these cases by directing their outcomes from behind the scenes. Since the Party controls all government enforcement authorities and the courts, the Party is able to dictate the outcome of cases in secrecy. As these cases have grown in number and importance, the role of the Party has also grown adding to the political intrigue, bargaining between rival factions of the Party, and the settling of old scores playing out behind the scenes in these cases in secretive Party proceedings. Once the Party makes a decision, it will then direct a public entity, a government enforcement authority or a court, on how to dispose of the case. But the real reasons for the disposition of the case by the Party are never revealed to the public or to the parties leading to less transparency in the enforcement of China’s anti-bribery laws.

JEL Classification: K14, K33, K4

Suggested Citation

Chow, Daniel Chee King, How China's Crackdown on Corruption Has Led to Less Transparency in Its Enforcement of Its Anti-Bribery Laws (April 27, 2015). 49 U.C.D. L. Rev. 685 (2015-2016) , Ohio State Public Law Working Paper No. 293, Available at SSRN: https://ssrn.com/abstract=2599448 or http://dx.doi.org/10.2139/ssrn.2599448

Daniel Chee King Chow (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States
614 292-0948 (Phone)
614 292-3202 (Fax)

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