Judicial Corruption and its Threats to National Governance in China

Abstract

Judicial corruption poses serious threats to good national governance in the PRC as it renders courts irresponsive to the country's growingly complex society and undermines the legitimacy of the law and government. Most sources of judicial corruption lie outside of the courts, and they can hardly be eliminated without administrative and political restructuring. The reduction of corruption by organizational redesign; issue of systemized regulations; distribution of resources and provision of more information represent some short term solutions, but not long term solutions. Deeply rooted in Chinese political theory is the concept that laws must be used to strengthen state capacity and fulfil political ends. This is often given heavier weight than the ideals of fairness and justice. A departure from the theoretical paradigm that the judiciary should principally serve practical political and economic interests is essential to the true extermination of judicial corruption in China.