"It Must Be Rock Strong!" Guanxi's Impact on Judicial Decision Making in China
Bibliographic Data
| ID | 3759679 |
|---|---|
| Authors | Xin He (0000-0002-9814-1666, University of Hong Kong), Kwai H Ng (0000-0003-4078-923X, University of California San Diego) |
| Year | 2017 |
| Volume | 65 |
| Issue | 4 |
| Pages | 841-871 |
| Publication date | 2017-12-31 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | The American Journal of Comparative Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-919X • E-ISSN: 2326-9197 |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/ajcl/avx041 |
| OpenAlex | W3125757081 |
| Language | EN |
| Citations received | 14 |
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
Bureaucracy · Business · China · Guanxi · Political science · Public relations · Sociology · Supervisor · Typology · Conflict of Laws and Jurisdiction · Dispute Resolution and Class Actions · Judicial and Constitutional Studies · Law · Psychology · Social Psychology
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Do Chinese courts apply the “Hand Formula”
Workload, legal doctrine, and judicial review in an authoritarian regime
Identity theft, cheating and corruption in college admission in China
Pressures on Chinese Judges under Xi
Why Did They Take on Difficult Cases? Judicial Entrepreneurship in Bankruptcy Enforcement in Wenzhou, China
Regulating Arbitration Through Criminal Law
Legal Collusion
The sense of being undeserving and the legal consciousness of Chinese immigrants in Canada
A Typology of Tax Compliance in Developing Economies
Unfamiliarity and Procedural Justice
On Shared Suffering
Deglobalizing Rule of Law and Democracy
Guanxi Culture, Corruption and Patronage
| Unique citing works | 14 |
|---|---|
| Citations per year | 2 |
| Citation span | 2019 - 2026 (8) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 13 |