Corruption and NIC development: A case study of South Korea

The debate on corruption and economic performance has swung from one position to the other over the decades. During the 1960s the school of thought associated with modernisation theory argued corruption was often positively correlated with economic growth. (Huntington, 1968; Leff, 1964) Subsequently corruption came to be viewed as inimical to growth by undermining the basis of stable, rational public policies and allocation through markets (Rose-Ackerman, 1978; Theobald, 1990), the situation in which it is still largely viewed today, particularly following the “corruption eruption” of the 1990s (Alam, 1989; Leiken, 1997; Naim, 1995). East Asian countries stand as important case studies of the role of corruption in industrialisation: this article focuses on South Korea. Firstly corruption coexisted with development. Secondly corruption in South Korea was at different times functional, detrimental, irrelevant and relevant, but always present during rapid industrialisation. This is not of course to argue corruption fuelled growth nor to recommend it as a plausible policy option for developing or transitional economies, since it is evident that in many cases corruption is harmful to growth. This article seeks to understand the role corruption played in Korean economic development to better understand the phenomenon of corruption itself. This revised version was published online in July 2006 with corrections to the Cover Date.     

Sources of tolerance towards corrupted politicians in Greece: the role of trade offs and individual benefits

Reelection of corrupted politicians points to a problem of democratic accountability. Voters do have the chance to ‘throw the rascals out’, but they do not take it. Employing a survey experiment, we test two popular explanations of why Greek voters fail to effectively sanction corrupt politicians. One is related to the distorting effects of psychological attachment to parties and the second to tradeoffs that seem to come into play when voters weigh the prevalence of corruption against other tangible benefits that they receive from governments and parties, such as lower taxes or clientelistic exchanges. Our findings suggest that collective benefits, such as cutting taxes, outweigh the costs of tolerating political corruption. On the contrary, exclusive provision of goods to specific voters, such as in the case of clientelistic exchanges, seems to be negatively related to support for a corrupt politician and therefore should rather not be regarded as a source of tolerance to corruption, at least not in present time Greece.     

探索中国特色的反腐败之路

官员腐败是一种特别令民众痛恨的社会现象。其本质与盗窃、抢劫等犯罪并无差异，而且是借助官员手中权力实施的，因此对社会危害更大。一个人偷偷地把他人的钱财拿走了，据为已有，那是盗窃；一个官员利用职权把大家的钱财拿走了，据为己有，那就是贪污。一个人以暴力相威胁，让他人把钱财交给自己，那是抢劫；一个官员以职权隐含的暴力相威胁，     

腐败预防立法体系的理性建构

腐败的本质是权力的滥用,腐败预防立法体系能够有效控制权力.理性的腐败预防立法体系建构应当考虑腐败的衍生规律与治理效能,厘清腐败预防立法体系中存在的一些现实障碍,明确公共权力在管理国家与社会事务中的角色定位,一体推进"不敢腐""不能腐""不想腐",以确保公权力行使的廉洁性,有效预防腐败.     

Win,lose, or draw? China’s quarter century war on corruption

In 1982, the leadership of the Chinese Communist Party ordered a crackdown on corruption. As China’s war on corruption enters its 25 year an obvious question is whether the party winning? Because there is no direct way to measure the actual rate of corruption (ARC) and the data we have on the revealed rate of corruption (RRC) may not perfectly reflect changes in the ARC while changes in the perceived level of corruption (PLC) may be subject to subjective distortion, trends in the RRC and the PLC may not provide reliable answers. The mathematical relationship between the ARC and the RRC, however, can be defined as a function of risk. Increases in risk can be interpreted as signaling a narrowing of the ARC–RRC gap. Decreases in risk can be interpreted as signaling a widening of the ARC–RRC gap. By combining data on changes in risk with data on movement in the RRC it is possible, therefore, to assess (in broad terms) the movement of the ARC even though it remains technically unknowable. Using data on the lag between when officials first engage in corruption and when they are prosecuted to measure changes in risk, this article raises doubts about whether Chinese Communist Party (CCP) is winning its war on corruption.     

Political protection and the origins of the Gulf Cartel

The history of drug trafficking in Mexico appears to be strongly influenced by specific features of the post-revolutionary authoritarian regime that has been characterized by its rampant corruption and poor levels of accountability. This is a rigorous empirical case study of state domination of the relationship with traffickers in a particular historical epoch and place. Based on research conducted through the examination of historic sources, this work explores the hypothesis that some political figures might have been colluding with members of criminal organizations, with the aim of protecting their businesses and fostering their consolidation. Such collusion has hindered the institutional functioning of key law enforcement and judicial institutions in the country. The present analysis considers these relationships in the course of three decades, the 1960s through the 1990s, and focuses on the Mexican state of Tamaulipas, where one of the most powerful and dangerous organized crime groups emerged, the so-called Gulf Cartel.     

简论反腐技术侦查程序制衡机制构建

当前,中国腐败现象较为严重,职务犯罪处于高发态势,犯罪手段不断升级,证据获取困难重重,这与检察机关缺乏有效地技术侦查措施有内在联系。可借鉴其他国家的做法,赋予检察机关职务犯罪技术侦查权,并严格规定其适用范围、审批程序、执行程序和救济程序。相关程序的合理建构,有利于有效收集诉讼证据,落实刑事程序法治,顺应科技强检趋势,对接国际公约。     

Corruption,Party Leaders,and Candidate Selection: Evidence from Italy

Research indicates that voters are not particularly effective at removing corrupt politicians from office, in part because voters make decisions on the basis of many competing factors. Party leaders are much more single-minded than voters and will choose to deselect implicated legislators if it means maintaining a positive party reputation and improving the odds of winning a legislative majority. We examine renominations to Italy’s legislature in two periods marked by corruption. We compare these renomination patterns with those from the prior legislature, when corruption lacked political salience. Our analysis shows that incumbent renominations are negatively associated with the number of press mentions that link the incumbent to corruption—but only when corruption is salient to the public. Our study highlights the importance of party leaders in forcing malfeasant legislators out of office—and reducing corruption—and redirects attention from voters to political elites as a critical channel in enforcing democratic accountability.     

Why voters do not throw the rascals out?— A conceptual framework for analysing electoral punishment of corruption

One of the intriguing phenomena in democracy is the fact that politicians involved in, accused of or condemned for corruption in a court of law get re-elected by their constituents. In some cases, corruption does not seem to negatively affect the development of political careers. In this introductory article, we try to develop a multidimensional framework for analysing electoral punishment of corruption. First, we will look into various studies on electoral punishment and highlight their advancements and shortcomings. Then, we will propose a more dynamic account of electoral punishment of corruption that takes into account individual as well as macro level explanations. Finally, we will disaggregate these two analytical dimensions into various explanatory factors.     

Opening Public Officials’ Coffers: A Quantitative Analysis of the Impact of Financial Disclosure Regulation on National Corruption Levels

Disclosure of income, assets and conflicts of interest can serve as powerful public accountability tools to draw attention to the abuse of public office, help prosecute corrupt offenders and create a culture of scrutiny in the public sector that deters corruption. Based on data of the World Bank’s Public Accountability Mechanisms initiative, we present the first indicator that captures a country’s financial disclosure in-law effort. By employing different panel data model specifications, we use this indicator to measure how the introduction of comprehensive financial disclosure systems impacted national corruption levels for 91 countries between 1996 and 2012. We present robust results that provide tentative evidence for a positive and significant relationship between a country’s capacity to control for corruption and the expansion of financial disclosure legislation for the years following the enactment.     

The ethics of maxima and minima combined with social justice as a form of public corruption prevention

In recent decades, corruption has become one of the main problems perceived by Spanish society. As a result, the country’s citizens are experiencing a high level of disenchantment with politics and a general loss of confidence in the way public institutions function. Although in the last few years more stringent laws have been brought in to speed up procedures and help pursue crimes of corruption, the fact of the matter is that they have done little to reduce these cases and so they are not enough to put an end to the problem. There is a strong likelihood that, if a positive morality and a strong mutual union between ethics and politics were in place, legal loopholes would not be used for individual profitmaking operations that make a mockery of justice and the common good. Because of this, and taking public ethics as a basis, this article will review and discuss Adela Cortina’s hermeneutic definitions “of maxima and minima” and Agustín Domingo Moratalla’s concept of “social justice” in order to suggest tools that can be applied in preventing and fighting against political corruption.

     

Institutions and the culture dimension of corruption in Nigeria

Mention Nigeria to most people in the world and the retort is likely to be some reference to how corrupt the country is. Institutions, rules, and norms of behaviour have adapted toward the ultimate goal of predatory gain. When corruption becomes institutionalised in a society, it infiltrates the value-system, and it becomes a norm, part and parcel of culture. Nonetheless, one complicating and seemingly contradictory factor in this notion of the culture of corruption is that the majority of people in Nigeria do not internalise corruption as something morally acceptable. On the contrary, even if they have to take part in corrupt practices to get by or even to survive, they usually consider the practices as morally wrong. This work identifies, discusses, and analyses the weakness of institutions and the use and abuse of cultural norms as the primary reasons for endemic corruption in Nigeria.     

A Collective Vision of Artistry: The MacDowell Colony and the Organizational Design of Creativity

This article is a scholarly overview and analysis of Hurricane Katrina's social and cultural devastation of the unique, indigenous culture of New Orleans. This study has been prepared as a scholarly and academic endeavor. However, it is also the basis for consideration of measures that could be taken to facilitate the reconstitution of the living environment of New Orleans in a way that is respectful of its folk culture. The physical devastation caused by the hurricane severely compromised the precious cultural communities of the French colonial Gulf Coast. The impact was most devastating to New Orleans because of its distinctive folk culture, which includes vivid cultural rituals such as the Mardi Gras Indians, jazz, the jazz funeral tradition, second line parades, and local cuisine. This culture is potentially fragile because it is a living culture—not based on collections preserved within the walls of a museum, but rather in the lives of its people. It is indisputably worthy of respect and revitalization. This project, realized through intensive research, will surely benefit the academic community and, most important, the people of New Orleans, to whom this document is dedicated. The project has been interesting, but it is an even greater honor to have the opportunity to advocate the necessity of reconstituting the folk culture of New Orleans through positive action to sustain the city's unique way of life. This will not be easy, but it is crucial for any "new New Orleans."     

清除腐败赖品德———兼论法律作用的有限性

腐败有掌权者腐败和机构腐败之分。掌权者腐败具有“行为的个别性”和“明显的不合理性”的特点。机构腐败也有两个显著特点：（1）它是机关行为或一定权力系统的行为,没有具体的责任人;（2）它的不合理性不十分明显,人们对它常常不能形成稳定一致的是非评价。由于腐败与执法的同源性、权力的不受惩罚性、反腐败的法令只能由不腐败的权力创制等原因,对腐败无法像对其他犯罪那样通过严格执法来实现治理目标。在民主政治下,根治腐败的根本出路是贯彻品德原则,建立对官员的品德评价系统。品德评价系统是依据品德标准对公职人员实施辞退、罢免、撤换的政治评价系统。这个系统由执法权自洁系统、监督系统和以公众为力量源泉的基础系统等构成。     

从思想到举措：中国防治腐败有效性提升刍议

正值转型期的中国出现了一系列的社会问题,腐败即为其中之一。根据西方各国现代化进程的经验,防治转型期的腐败需要下大功夫。针对腐败问题中国也采取了一些措施,但成效不尽如人意。因此,有必要从思想到举措全方位地研究中国防治腐败问题,以西为鉴,特别是北欧、美国等国的经验;以史为鉴,尤其是汉唐盛世的监察经验;学习同为大东亚儒家文化圈的新加坡、韩国等国的经验;厉行法治,深入改革,提倡道德防腐,完善与反腐败相关的专门法,提高防治腐败的针对性、可操作性和有效性。     

Corruption in cultural context: Contradictions within the Korean tradition

Appreciating the many, varied and sometimes ambiguous elements within what may be called ‘Korean culture’ is crucial to a balanced assessment of its relationship to corruption. In particular, it is important to recognise its multivocality and thus its paradoxical relationship with its environment, its tendency to be shaped as well as shape modern institutions and the degree to which it is open to interpretation and contestation and thus to being compromised or altered to meet historical contingencies or political objectives. This approach provides the basis for the type of cultural analysis that can identify some of the cultural influences not only on some forms of corruption but on how a society understands the norms of good governance and what constitutes a deviation from these norms and thus what political corruption involves and why. It may also help us to understand how corruption can be disguised or justified within the Korean context.     

How do I vote the scoundrels out? Why voters might not punish corrupt politicians at the polls

While we frequently hope electoral democracy can serve as an important constraint on corruption, there are good reasons to think that such might not be the case. This paper analyzes two closely-related questions: should we expect voters to punish corrupt politicians or parties at the polls, and should we expect such influences to check corruption generally? While there have been clear-cut cases in which such punishments have been massive and decisive, they are much the exception. Indeed, a variety of factors having to do with corruption as a concept and as a political issue, the nature of competitive electoral politics, and more recent economic and political trends reshaping important aspects of liberal democracy, all point toward a pessimistic assessment. Ideas for changing that state of affairs are few, because the difficulties reside less at the level of fixable “problems” and more with the inherent workings of liberal political and economic systems. Efforts to improve the quality of news coverage and civic education, however, and any prospects for strengthening and deepening civil society, may hold out some hope for the longer term.     

The “Production” of Corruption in China's Courts: Judicial Politics and Decision Making in a One‐Party State

Despite its rampant presence, judicial corruption in China has often been regarded as the idiosyncratically deviant behavior of a few black sheep eluding prescribed judicial conduct. This entrenched assumption has both discouraged in‐depth investigation of the phenomenon of judicial corruption and inhibited proper understanding of the functioning of China's courts. This article, based on an empirically grounded examination of the processing of court rulings tainted by corruption, showed that judicial corruption in China is an institutionalized activity systemically inherent in the particular decision‐making mechanism guided by the Chinese Communist Party's instrumental rule‐by‐law ideal. In investigating what has contributed to the institutionalization of judicial corruption, the interplay between law and party politics in China's courts was also examined. The findings, therefore, also shed light on behind‐the‐courtroom judicial activities and on the enduring perplexity of the gap between the law in the book and the law in action.     

North American Organised Crime

The Italian-American mafia is one of the most enduring images of organised crime, but separating fictional images of organised crime from the real thing has not been easy. Overall, organised crime is a continuing criminal enterprise that rationally works to profit from illicit activities that are often in great public demand. Its continuing existence is maintained through the use of force, threats, monopoly control, and/or the corruption of public officials. The past 20 years have seen a decline in the influence of Italian-American organised crime in the US, but this has been offset by the rise of other forms of organised crime, not least groups from the former USSR. Meanwhile, the Canadian underworld is dominated by Asian groups, East European groups, Italian groups, and outlaw motorcycle gangs. The major organised crime groups in Mexico are extended networks composed of Mexican nationals living in Mexico, Mexican-Americans, and Mexican immigrants living in the United States, operating as competing networks in the illicit drug business from supply, to transit, to destination and buyers.     

贪污贿赂犯罪案件诉讼程序的反思与重构

贪污贿赂犯罪作为权力型职务犯罪，越来越具有高智能性、高隐秘性的特点。现行刑诉法所规定的诉讼程序是在特定历史条件下仅为普通刑事犯罪所设计，并没有考虑到贪污贿赂犯罪案件的特殊性而赋予相应的特殊诉讼程序，已不能满足当前贪污贿赂犯罪侦查与审判工作的需要。规定贪污贿赂犯罪案件特殊诉讼程序，是检察机关职务犯罪侦查权合理配置与运行的重要内容。随着社会发展和科技进步，国家应权衡利弊得失，有必要对贪污贿赂犯罪案件的诉讼程序在立法上进行修改完善和在制度上进行科学构建。