This thesis intends to identify the systemic causes of corruption in China’s courts by firstly investigating how corruption is carried out in China’s courts. It employs an analytical framework,... Show moreThis thesis intends to identify the systemic causes of corruption in China’s courts by firstly investigating how corruption is carried out in China’s courts. It employs an analytical framework, which treats corruption as a four-phase contracting process, namely 1) the phase of initiation of the exchange; 2) the phase of negotiation of the exchange; 3) the phase of contractual performance; and 4) the phase of enforcement of the contract in case of non-performance. This framework is employed in an endeavor to analyze the empirical data collected from various sources and to demonstrate in details the features and patterns of corrupt conduct in each of the four phases so as to identify more accurately which factor(s) has(have) facilitated corruption in China’s courts. In doing that, the thesis identifies two phases that are most critical to the completion of corrupt exchange. The first phase is the initiation phase, in which corrupt intent is communicated between potential exchange parties. The second phase is the phase of contractual performance, especially that of the bribed. These two phases are further examined, demonstrating how these two phases are completed by corruption participants in China’s courts and what factors have facilitated the process and contributed to its “success”. Show less
