{"title":"腐败是一个保证问题","authors":"Philip M. Nichols","doi":"10.2139/SSRN.2568229","DOIUrl":null,"url":null,"abstract":"This paper suggests that corruption presents an assurance problem. An assurance problem exists when all actors are better off if they adhere to at least the same minimal standard, but are second best off if, in the event that there are defectors, they join the defectors rather than continue to adhere to the standards, and are worst off if there are defectors but they do not join those defectors. Actors faced with an assurance problem, therefore, must choose between cooperating in hopes of accruing the greatest benefit or defecting as a defensive measure. The best mechanism for society to prevent the difficulties created by assurance problems is to impose legal penalties on defectors, but that is not possible in endemically corrupt systems. In that case, collective action offers the best solution. Bribery often presents an assurance problem for business actors in markets that experience corruption. Arguably paying a bribe in some circumstances confers a short term advantage. Business firms understand, however, that paying bribes imposes long term costs, and firms would prefer not to pay bribes. If bribery does confer a short term advantage, then even firms that would prefer to enjoy the long term benefits of not paying bribes might feel pressure to pay bribes in order to survive short term competition. Collective action offers a solution to this dilemma. This paper draws from the lessons of the Panamanian group, Asociacion Panamena de Ejecutivos de Empresa (APEDE), which was an early leader in collective business responses to the difficulties created by bribery.","PeriodicalId":223837,"journal":{"name":"LSN: Criminal Law (Public Law - Crime) (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2004-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"13","resultStr":"{\"title\":\"Corruption as an Assurance Problem\",\"authors\":\"Philip M. Nichols\",\"doi\":\"10.2139/SSRN.2568229\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This paper suggests that corruption presents an assurance problem. An assurance problem exists when all actors are better off if they adhere to at least the same minimal standard, but are second best off if, in the event that there are defectors, they join the defectors rather than continue to adhere to the standards, and are worst off if there are defectors but they do not join those defectors. Actors faced with an assurance problem, therefore, must choose between cooperating in hopes of accruing the greatest benefit or defecting as a defensive measure. The best mechanism for society to prevent the difficulties created by assurance problems is to impose legal penalties on defectors, but that is not possible in endemically corrupt systems. In that case, collective action offers the best solution. Bribery often presents an assurance problem for business actors in markets that experience corruption. Arguably paying a bribe in some circumstances confers a short term advantage. Business firms understand, however, that paying bribes imposes long term costs, and firms would prefer not to pay bribes. If bribery does confer a short term advantage, then even firms that would prefer to enjoy the long term benefits of not paying bribes might feel pressure to pay bribes in order to survive short term competition. Collective action offers a solution to this dilemma. This paper draws from the lessons of the Panamanian group, Asociacion Panamena de Ejecutivos de Empresa (APEDE), which was an early leader in collective business responses to the difficulties created by bribery.\",\"PeriodicalId\":223837,\"journal\":{\"name\":\"LSN: Criminal Law (Public Law - Crime) (Topic)\",\"volume\":\"1 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2004-10-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"13\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"LSN: Criminal Law (Public Law - Crime) (Topic)\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2139/SSRN.2568229\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"LSN: Criminal Law (Public Law - Crime) (Topic)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/SSRN.2568229","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 13
摘要
本文认为,腐败是一个保证问题。如果所有行为者至少遵守相同的最低标准,他们的境况就会更好,但如果在有叛逃者的情况下,他们加入叛逃者而不是继续遵守这些标准,他们的境况就会次佳,如果有叛逃者但他们不加入这些叛逃者,他们的境况就会最差,这就存在保证问题。因此,面对保证问题的行动者必须在希望获得最大利益的合作或作为防御措施的背叛之间作出选择。社会防止担保问题造成的困难的最佳机制是对叛逃者施加法律惩罚,但这在普遍腐败的体制中是不可能的。在这种情况下,集体行动提供了最佳解决方案。贿赂往往给经历腐败的市场中的商业行为者带来一个保证问题。可以说,在某些情况下行贿会带来短期利益。然而,企业明白,行贿会带来长期成本,因此企业不愿行贿。如果贿赂确实能带来短期优势,那么即使是那些宁愿享受不行贿的长期利益的公司,也可能会感到行贿的压力,以便在短期竞争中生存下来。集体行动提供了解决这一困境的办法。本文借鉴了巴拿马集团panacacion Panamena de Ejecutivos de Empresa (APEDE)的经验教训,该集团是企业集体应对贿赂造成的困难的早期领导者。
This paper suggests that corruption presents an assurance problem. An assurance problem exists when all actors are better off if they adhere to at least the same minimal standard, but are second best off if, in the event that there are defectors, they join the defectors rather than continue to adhere to the standards, and are worst off if there are defectors but they do not join those defectors. Actors faced with an assurance problem, therefore, must choose between cooperating in hopes of accruing the greatest benefit or defecting as a defensive measure. The best mechanism for society to prevent the difficulties created by assurance problems is to impose legal penalties on defectors, but that is not possible in endemically corrupt systems. In that case, collective action offers the best solution. Bribery often presents an assurance problem for business actors in markets that experience corruption. Arguably paying a bribe in some circumstances confers a short term advantage. Business firms understand, however, that paying bribes imposes long term costs, and firms would prefer not to pay bribes. If bribery does confer a short term advantage, then even firms that would prefer to enjoy the long term benefits of not paying bribes might feel pressure to pay bribes in order to survive short term competition. Collective action offers a solution to this dilemma. This paper draws from the lessons of the Panamanian group, Asociacion Panamena de Ejecutivos de Empresa (APEDE), which was an early leader in collective business responses to the difficulties created by bribery.