Footnote:
Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments April 27, 2015 erstellt
Description:
China's recent crackdown on government corruption and commercial bribery by multinational companies is widely known. As part of this campaign against bribery, the Chinese government has promulgated a number of new laws against corruption and bribery as well as lengthy and binding interpretations of existing laws. The Chinese state-controlled media is also full of reports of convictions of corrupt officials and hefty fines imposed on greedy multinationals trying to bribe their way to business success in China. Although these developments may indicate an increase in transparency in the enforcement climate against corruption and commercial bribery, ironically the crackdown on corruption has led to less transparency in China's enforcement of its anti-bribery laws. The reason is that as cases of government corruption and commercial bribery become more important and the stakes become higher, the Communist Party believes that it must take a more hands on approach to these cases by directing their outcomes from behind the scenes. Since the Party controls all government enforcement authorities and the courts, the Party is able to dictate the outcome of cases in secrecy. As these cases have grown in number and importance, the role of the Party has also grown adding to the political intrigue, bargaining between rival factions of the Party, and the settling of old scores playing out behind the scenes in these cases in secretive Party proceedings. Once the Party makes a decision, it will then direct a public entity, a government enforcement authority or a court, on how to dispose of the case. But the real reasons for the disposition of the case by the Party are never revealed to the public or to the parties leading to less transparency in the enforcement of China's anti-bribery laws