{"title":"“一定是坚如磐石!”:关系对中国司法决策的影响","authors":"Xin He, K. Ng","doi":"10.2139/ssrn.2909432","DOIUrl":null,"url":null,"abstract":"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 on 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 stem out.","PeriodicalId":356075,"journal":{"name":"Chinese Law eJournal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2017-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"12","resultStr":"{\"title\":\"‘It Must Be Rock Strong!’: Guanxi's Impact on Judicial Decision-Making in China\",\"authors\":\"Xin He, K. Ng\",\"doi\":\"10.2139/ssrn.2909432\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"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 on 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 stem out.\",\"PeriodicalId\":356075,\"journal\":{\"name\":\"Chinese Law eJournal\",\"volume\":\"10 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2017-01-31\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"12\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Chinese Law eJournal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2139/ssrn.2909432\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Chinese Law eJournal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/ssrn.2909432","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
‘It Must Be Rock Strong!’: Guanxi's Impact on Judicial Decision-Making in China
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 on 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 stem out.