Read e-book online Corruption by Design: Building Clean Government in Mainland PDF

By Melanie Manion

ISBN-10: 0674014863

ISBN-13: 9780674014862

This ebook contrasts studies of mainland China and Hong Kong to discover the urgent query of ways governments can rework a tradition of common corruption to 1 of fresh govt. Melanie Manion examines Hong Kong because the most sensible instance of the opportunity of reform. inside many years it completed a spectacularly winning conversion to wash executive. Mainland China illustrates the trouble of reform. regardless of greater than 20 years of anticorruption reform, corruption in China keeps to unfold basically unabated. The publication argues that the place corruption is already standard, the context within which officers and traditional electorate make offerings to transact corruptly (or no longer) is crucially diversified from that during which corrupt practices are unusual. A principal characteristic of this distinction is the function of ideals concerning the incidence of corruption and the reliability of presidency as an enforcer of principles ostensibly constraining respectable venality. Anticorruption reform in a atmosphere of common corruption is an issue not just of decreasing corrupt payoffs, but in addition of adjusting extensively shared expectancies of venality. The booklet explores variations in institutional layout offerings approximately anticorruption enterprises, acceptable incentive buildings, and underlying constitutional designs that give a contribution to the disparate results in Hong Kong and mainland China.

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Extra resources for Corruption by Design: Building Clean Government in Mainland China and Hong Kong

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Party agencies are privileged with a “first-move” advantage over procuratorates in information gathering and sequencing of investigations and punishments. In principle, this permits them to check corruption effectively by holding public officials, who are also party members, to a higher ethical standard than that defined in criminal law. In practice, party agencies protect corrupt officials by routinely substituting milder party disciplinary action for criminal punishment. The main source of this problem appears to be the Anticorruption Reform in a Setting of Widespread Corruption • 25 relationship between the specialist anticorruption agencies and the generalist communist party committees.

26 ICAC investigators could attack ongoing corruption with greater proportionate force, a result by no means undesirable for anticorruption work. The amnesty produced a second desirable practical result: Without the fear of investigation and prosecution for past activities, an increasing number of officials showed a new willingness to assist ICAC investigators (ICAC 1979: 24). In sum, while the amnesty was obviously a blow to the ICAC, its practical results—more cooperation in investigations and effectively more resources—gave the Operations Department a new start and allowed it to shift direction.

The law gives the ICAC extraordinary powers. Its investigators have full powers of arrest without warrant for all offenses described in the three ordinances noted above. A 1987 amendment to the Prevention of Bribery Ordinance expanded these powers: If, in the course of investigating any offenses under this law, investigators discover any other criminal offense reasonably suspected of being connected with the bribery offense, they have full powers of arrest without warrant for this related offense too.

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Corruption by Design: Building Clean Government in Mainland China and Hong Kong by Melanie Manion

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