Corruption in China's Criminal Justice System

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Corruption in China's Criminal Justice System
Abstract
This paper examines systemic corruption within China’s criminal justice institutions - the public security bureaus, procuratorates, courts, and corrections facilities. It outlines how China's contemporary corruption crisis evolved from historical norms established under imperial rule and Mao-era campaigns, exacerbated by rapid economic growth and commercialization over the past forty years. Endemic corruption manifests through widespread bribery, political interference in judicial decision-making, abuse of power among security officials, and dereliction of duty across law enforcement agencies and the judiciary. The analysis reveals deeply embedded structural drivers of corruption, including lack of transparency and accountability, deficiencies in supervision and oversight, misaligned incentives created through reform-era policies, and the pervasive influence of the Communist Party hindering independent rule of law. The paper underscores the multifaceted complexity behind rectifying entrenched corruption networks. It examines the limitations of current piecemeal anti-corruption reforms under Xi Jinping centered on crackdowns without meaningful institutional changes. More comparative research is needed to develop best practices for transitional contexts to depoliticize and bolster the integrity of criminal justice systems, with implications for China's model as an authoritarian modernizer.
Introduction
Corruption has long plagued China's criminal justice system, undermining the rule of law and the legitimacy of the Chinese Communist Party. With China's growing economic and political power on the world stage, addressing corruption has become imperative for China's future development and global justice and governance. While corruption afflicts criminal justice systems in countries worldwide, corruption's systemic and structural nature in China's institutions poses unique challenges. Since imperial times, personal relationships and gift-giving have greased the wheels of Chinese bureaucracy. In the Mao era, the Party-State dominated all aspects of life, and the law served the interests of the Communist Party rather than the people. These historical legacies established norms of secrecy, patronage, and selective enforcement incompatible with the rule of law. Following market reforms in 1978, opportunities and incentives for corruption expanded even as the judicial system struggled to establish its independence and professionalism. The rapid growth of China’s economy over the last forty years, coupled with glaring institutional deficiencies in oversight and accountability, provided the perfect breeding ground for corruption networks focused on rent-seeking. Today, widespread bribery, embezzlement, and abuse of power pervade law enforcement agencies and the courts. The manipulation of Party-State power for personal gain severely undermines China’s drive to strengthen the rule of law and build a fair and just society. The paper critically evaluates systemic corruption ingrained in China's criminal justice institutions, stems f...