Administration Supervision Law of the People's Republic of China
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Cambridge University Press 978-1-107-12351-9 — Regulating Government Ethics Chonghao Wu Index More Information INDEX Administration Supervision Law of the CCP. See Chinese Communist Party People’s Republic of China, Central Commission for Discipline 91–92 Inspection (CCDI), 174, 198, administrative law, corruption under, 207, 210–211, 214–215, 219, 4 221, 225, 234, 238 Anti-Corruption Law, in China, 7–8 Cheng Xitong, 31 anti-corruption laws, 23 China, corruption in, 1–3. See also anti-corruption strategies Chinese Communist Party CCP and, 49–61 Administration Supervision Law of through political campaigns, the People’s Republic of China, 58–60 91–92 in China, 238–240 Anti-Corruption Law in, 7–8 enforcement strategies and, 192 anti-corruption strategies, 238–240 NIS theory, 2–3 average salaries in, 227–228 Norad study on, 2 bribery, 96 in the Philippines, 17 Civil Servant Law of the People’s regulation systems for corruption Republic of China, 91–92, 94 compared to, 22–49 compared to other countries, 14 types of approaches, 2–3 conflict of interest and, 93–102 appearance of influence peddling, 75, private gain from information, 77–78 99–102 profiting from official position, Before the Gates of Hell: Conversations 99–102, 122–123 with Li Zhen before his self-dealing as, 93–96, 120–122 Execution (Qiao Yunhua), third-party assistance, 98–99 38–46 transfer of economic value as, behaviour changing mechanisms, in 96–98 regulatory systems, 22 Criminal Law of the People’s behaviour manipulation tactics, in Republic of China 1977, ethics enforcement, 163–169 91–92 bias, by judges, 81–82 criminalization of, 5–6, 14 Bo Xilai, 239 death penalty for, 26–27 bribery, in China, 96 DICs and, 10–11 behaviour manipulation tactics of, Cai Bin, 181–182, 208, 212 213–215 CCDI. See Central Commission for CCP and, 61 Discipline Inspection educational programmes, 214–215 290 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-12351-9 — Regulating Government Ethics Chonghao Wu Index More Information index 291 enforcement strategies through, government ethics and, 9–10 174–191, 215–218 appearance of corruption and, ethics cases and, 181–182, 123–124 185–186 compared to other nations, 12–13 information gathering tactics of, DICs, 10–11 211–213 enforcement strategies for, interview questions for, 256–262 173–218 political education functions of, for favouritism, 104 176–177 for financial disclosure Property Uncle case and, 181–182 regulations, 107–111 supervisory offices, 205–206, future implications for, 127–130 216–217 government regulations for, 92 economic gains from, 30 for influence peddling, 103–104 enforcement strategies in, for legislative technique for, 233 government ethics, 173–229 nonexistent aspects of, 128 through anti-corruption bureaus, for outside employment and 192 activities, 112–114 behaviour manipulation tactics in, patterns of, 118–127 213–215 rule-making technique group, compliance-oriented, 199–211 128–130 deterrence-oriented, 202 rules for, 10, 91–130 by DICs, 174–191, 215–218, rules reform for, 233–234 234–235 unjustified restrictions for, through formal contracts, 174 114–118 through government agencies, value transfer and, 232–233 173–196 weak aspects of, 128–129 through information gathering, guanxi compared to, 47–48 211–213 influence peddling and, 103–104 interpretation of rules in, 210–211 by judges, 105–106 legal power and responsibilities of, Judges Law of the People’s Republic 196–199 of China, 91–92 in military system, 226 magnitude of, 28 through ministry/bureau of movement from minor deviances to, supervision, 191–192 29–44 through National Bureau of probability of, 29–31 Corruption Prevention, prosecution of, 1 192–196 public ethics regulation in, 5–6 in procuratorates, 192 punishment for, 36 regulatory regime development, death penalty as, 26–27 227–229 magnitude of, 28 resources for, 215–218 probability of, 29–31 styles of, 199–211 sanction magnitude in, 28 violation recognition in, 207–208 regulatory approach to, 11, 14, through whistleblowing, 201 16–22, 61–62, 102–107 work performance assessment as complementary, 22–24 method, 202–203 government as self-regulating, 16 favouritism of political parties, methods of, 17 104–105 as necessary, 22–24 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-12351-9 — Regulating Government Ethics Chonghao Wu Index More Information 292 index China, corruption in (cont.) Civil Service Code, in Hong Kong, parameters of, 16 126 for public bodies, 17 Civil Service Code, in UK, 34, 65, restrictions for, 16 126–127, 137–138 reporting rates of, 27–28 Civil Service Commission, in UK, research on, 236–238, 240–241 138–140. See also enforcement, methodology of, 242–243 of government ethics sanction magnitude of, 28 clean plate campaign, 215 Chinalawinfo,92 Commission on Civil Rights, 65 Chinese Communist Party (CCP) Commodity Futures Trading anti-corruption approaches of, 49–61 Commission, 65 through political campaigns, compliance-oriented enforcement 58–60 strategies, 143–144, 147–152, corruption within, 1 154–156 criminal approach against, 57–60 in China, 199–211 rates of, 59 conflict of interest regulatory approach against, in China, 93–102 60–61 private gain from information, ruling legitimacy influenced by, 99–102 54, 57–60 profiting from official position, DICs and, 61 99–102, 122–123 economic growth as influence on, 53 self-dealing as, 93–96, 120–122 government ethics rules, 92 self-dealing by public officials, private gain from information 93–96, 120–122 under, 99–102 third-party assistance, 98–99 profiting from official position transfer of economic value, under, 99–102 96–99 self-dealing by public officials transfer of economic value as, under, 93–96 96–98 third-party assistance under, by political position, 69 98–99 principles of, 66–68 transfer of economic value under, private gain from information as, 96–98 66–67, 99–102 Great Leap Forward and, 52–53 private party assistance as, 66–67, historical development of, 49–52 72–73, 98–99 Marxism and, 50 profiting from official position as official ideologies of, 52–53 result of, 66–67, 69, 73–74 ruling legitimacy of, 49–61 regulation of, by country, 66–74 corruption as influence on, 54, self-dealing by public officials as, 57–60 66–69 moral justification of, 56 transfer of economic value as, 66–67, utilitarian justification of, 56 69–72 Three Represents and, 51–52 values identification in, 66 Civil Servant Law of the People’s corruption. See also anti-corruption Republic of China, 91–92, 94 strategies; China, corruption in Civil Service Bureau (CSB), in Hong under administrative law, 4 Kong, 138–139, 171–173. within CCP, 1 See also enforcement, of criminal approach against, 57–60 government ethics rates of, 59 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-12351-9 — Regulating Government Ethics Chonghao Wu Index More Information index 293 regulatory approach against, within CCP, 60–61 60–61 in China, 11, 14, 16–22, 61–62, ruling legitimacy influenced by, 102–107 54, 57–60 as complementary, 22–24 consequences of, 1–2 criminal approach in anti- under criminal law, 4, 21–22 corruption compared to, 22–49 improvement strategies for, 25–32 development of, 32–37 favouritism as government as self-regulating, 16 in Hong Kong, 76, 78–123 methods of, 17 in UK, 76, 78–123 as necessary, 22–24 in US, 76, 78–123 parameters of, 16 in Hong Kong, 1 for public bodies, 17 appearance of influence peddling restrictions for, 16 as, 75, 77–78 sanction magnitude for, 25–26 favouritism in appointment as, 76, in Singapore, 1 78–123 in Sweden, 1 favouritism of political parties as, traditional acts of, 20–21 76, 78–79 in UK through judicial impropriety, 76, appearance of influence peddling 79–82 as, 75, 77–78 regulating appearance of, 74–82 favouritism in appointment as, 76, judges and 78–123 appearance of bias by, 81–82 favouritism of political parties as, appearance of influence peddling 76, 78–79 by, 75, 77–78 through judicial impropriety, 76, in Hong Kong, 79–82 79–82 improper acts by, 79–80 regulating appearance of, 74–82 improper statements by, 80–81 in US impropriety by, 76, 79–82 appearance of influence peddling in UK, 79–82 as, 75, 77–78 in US, 79–82 favouritism in appointment as, 76, through maladministration, 37–49 78–123 through misconduct, 37–49 favouritism of political parties as, in New Zealand, 1 76, 78–79 nonmonetary gains from, 31 through judicial impropriety, 76, public ethics regulation and, 4–5 79–82 punishment for, 25–28 regulating appearance of, 74–82 death penalty as, 26–27 Corruption Perception Index, 23, 129 economic sanctions as, 27 criminal law, corruption under, 4, imprisonment as, 26–27 21–22 magnitude of, 25 improvement strategies for, 25–32 probability of, 25–26 Criminal Law of the People’s Republic sanction magnitude, 25–26 of China 1977, 91–92 seriousness of, 26–27 CSB. See Civil Service Bureau reduced economic investment from, 230 DAEO. See Designated Agency Ethics regulation systems for Official anti-corruption strategies Dai Xuemin, 239 compared to, 22–49 Deng Xiaoping, 50–51 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-12351-9 — Regulating Government Ethics Chonghao Wu Index More Information 294 index Designated Agency Ethics Official compliance-oriented, 199–211 (DAEO), in US, 139–140. deterrence-oriented strategies, 202 See also enforcement, of by DICs, 174–191, 215–218, government ethics 234–235 deterrence-oriented enforcement through formal contracts, 174 strategies, 148, 154–156 through government agencies, in China, 202 173–196 DICs.