Public corruption and fraud in the Netherlands: Research and results

Empirical research by social scientists on public corruption and fraud in the Netherlands has been scarce. Exceptions are research on criminal cases of corruption and, recently, a survey among local government functionaries to establish the extent of public corruption and fraud in the country. The article presents the conceptual framework and the results of this survey research on local corruption and fraud. A discussion of the findings concludes the article: How serious is the problem of Dutch public corruption and fraud? To stimulate comparative research, the questionnaire is added in an Appendix.     

Who corrupts whom? A criminal eco-system made in Italy

This research note focuses on the relationship between organised crime and corruption in Italy. It is part of a wider research project investigating that relationship across a number of European countries. In the first part of this contribution, along with a brief account of definitional issues, a summary review of previous work on the connections between organised crime and corruption is provided. The paper then attempts to delineate the uniqueness of the Italian case through some observations around the specific contours of organised and corrupt exchange in the country as they manifest themselves. After a brief methodological note, the analysis is interspersed with the opinions of key informants contacted for this research who have profound knowledge of the subject matter, having worked for many years as investigating judges or academic researchers. A division into areas in which the links between organised crime and corruption are observed tries to map the two phenomena and their joint modus operandi.     

诉前自行鉴定行为的法律分析——从建设工程合同欠款纠纷中一方当事人诉前自行委托审计谈起

近年来,在建筑行业的工程建设合同欠款纠纷层出不断.在此类案件中,一方当事人自行委托造价咨询单位对工程竣工结算进行审计的情况时有发生,对于这种诉前自行委托而产生的审计报告在诉讼或仲裁过程中应当如何对待,一直是实务界争议不断的问题.本文从一方当事人诉前自行委托工程造价单位进行审计这一行为的定性入手,进而分析了诉前自行鉴定的结论在诉讼中的法律地位,并对仲裁程序中出现的有关问题进行了讨论.     

The multi-shade paradox of public corruption: the Moldovan case of dirty hands and collective action

Corruption is an undoubtedly a difficult conceptual area to operate in. This is particularly accurate for the post-Soviet space, where seemingly mutually exclusive forces appear to coexist on regular basis, defying and rejecting rational interpretations. Standard assumptions, definitions and theoretical perspectives often fail to generate useful understandings of corruption in Eastern Europe, habitually obscuring fundamental patterns, hence leaving corruption largely misunderstood. In order to construct anticorruption policies that would be effective in the environment where corruption is systemic, it is critical to resist the temptation of eschewing the complexity of societal factors by over-focusing on the corrupt individual. In an effort to reemphasize the imperative role played by societal variables in explaining corruption in the post-Soviet space, this article uses insights gathered from studying corruption in Republic of Moldova to discuss the role of three fundamental dynamics: “dirty hands,” the problem of “collective action” and the achromatic schema of white-gray-black corruption.     

预算监督体系完善对策研究

预算监督是现代公共财政的重要组成部分,是遏制腐败、增强政府财政透明度的制度条件。目前,我国预算监督体系还存在着不完善的地方,为此,必须以提高人大及其常委会的监督能力和增强审计监督的独立性为要点,构建起立法机关、审计机关和社会力量三重监督相互配合与补充的监督体系。     

Factors which deter public officials from reporting corruption

A survey of over 800 public sector employees was conducted to explore the factors which would be most likely to deter public sector employees from reporting workplace corruption. Respondents were asked to consider whether they would make a report in the absence of certain factors which have been found in past research to impact on the decision to make reports. The aim was to determine which workplace strategies managers should make a priority when encouraging employees to report workplace corruption. Concern about not having enough proof was the most commonly reported deterrent, followed by the absence of legal protection from negative consequences. The factors which were reported as deterring the least number of respondents were the absence of role responsibility for reporting corruption and not being directly affected by the corruption. Respondents from lower income groups were more likely to be deterred from reporting corruption in the absence of encouraging factors. In addition, a relationship was found between a lack of information about mechanisms for reporting corruption and a negative attitude toward reporting corruption. This revised version was published online in August 2006 with corrections to the Cover Date.     

预防腐败,制度建设是关键

预防政府腐败,制度是最根本的保障。目前预防政府腐败的制度体系还不十分健全,不能有效地减少和控制政府腐败现象的发生。当前,需要完善行政权力的制约和监督制度,推行政务公开制度,构建预防政府腐败制度体系的基本框架。     

Toward a methodology for the comparative study of political corruption

Robust explanations of political corruption demand that research progresses beyond purely theoretical analyses and single case studies. In this article, we highlight problems of definition, operationalization and measurement of corruption that have restricted the number of truly comparative, empirical studies of the phenomenon. We suggest a few steps that might help researchers overcome methodological obstacles in their study of corruption. We introduce and evaluate one example of how the phenomenon might be comparatively operationalized and measured. While not beyond criticism, the corruption index we present will undoubtedly help light new avenues toward more comprehensive explanations of comparative political corruption. This revised version was published online in July 2006 with corrections to the Cover Date.     

Dictatorship,democracy and corruption in Chile

The study of corruption in Chile suffers from the lack of a pre-existing body of academic research on which to draw for historical or contemporary analysis. This situation may be partially explained by several factors. Firstly, academic research tends to be reactive rather than proactive, in the sense that issues rarely become researched until they are either topical, or perceived to be problematic and significant. The configuration of historical circumstances in Chile has meant that corruption has been perceived to be considerably less widespread and less overt than in other parts of Latin America. For reasons which will be examined below, Chile is quite clearly not in the same league as Brazil, México or Venezuela in terms of corruption in the political system, and therefore the body of existing research has tended to focus on those cases where corruption is evident and more easily observable. Secondly, the lack of research material may also be partially explained by the nature of corruption in Chile. It undoubtably exists, but it has been characteristically low-key, assuming its own particular characteristics which have become known as corrupción a la chilena. Low-intensity corruption is undoubtedly more difficult to categorise, define and measure in comparison with flagrant abuses by individuals, sectors of society or ruling parties, and this may also be a contributory factor. A third factor may be that such low-intensity activities may become such an integral part of the political culture that they become accepted ways of the business of politics and therefore fail to even raise objections from public opinion. Only when the political environment changes do these issues become perceived as unacceptable. However, what is beyond dispute is that corruption has and does exist in Chile but it is influenced by the political culture of a particular period and by the political and social context.     

Rediscovering corruption’s other side: bribing for peace in post-conflict Kosovo and Chechnya

Conventional approaches towards the impact of corruption on post-conflict stabilization suggest that corrupt practices impede a successful war to peace transition. When transparency and accountability are absent, the risk of corruption threatens to turn the state apparatus into a tool of enrichment for those in power and affect the “exit” from violence/insurgency towards demobilization and reintegration. However, corruption may have redeeming values by serving the function of a power-sharing arrangement between antagonistic parties, thereby, reinforcing peace. Radical anti-corruption programs in post-conflicts situations may bring adverse results such as a renewal of violence. Aimed to fill the void in research on corruption in post-conflict situations, the article inquires about the links between corruption, peacebuilding and violent non-state actors. By combining various disciplinary approaches, the article theorizes the outcomes of corruption in post-conflict situations and discusses them in the context of Kosovo and Chechnya.     

Corrupt encounters of the fairer sex: female entrepreneurs and their corruption perceptions/experience

The Journal of Technology Transfer - Adding to the research on the corruption and gender nexus, this paper contributes by several dimensions, including: (a) measurement of corruption across...     

How Chinese e-public feel and think about corruption: A case study of Audit Storm (Shenji fengbao – – Part I)

Corruption is pervasive, rampant, enduring, and above all else a tolerated and taken for granted social problem in China. Still, corruption is a major concern for the political leaders, general public and foreign observers. Foreigners complained about the corruption cost of doing business in China. Students took to the street and peasants staged violent protest against government corruption. The consensus is that corruption challenges CPC's legitimacy and threatens China's stability.A systematic review of literature uncovers no investigation on the Chinese people's reception and reaction to the corruption, in the net. This is a first attempt to do so.This is a research into the “feelings” and “thinking” of Chinese internet users (e-public) on (anti)corruption in China. Specially, it tries to document and analyze the comments – reaction of the e-public to news articles on various aspects of “Audit Storm” in June–July of 2004.     

How Chinese e-public feel and think about corruption: A case study of Audit Storm (Shenji fengbao – 审计风暴 – Part II)

Corruption is pervasive, rampant, enduring, and above all else a tolerated and taken for granted social problem in China. Still, corruption is a major concern for the political leaders, general public and foreign observers. Foreigners complained about the corruption cost of doing business in China. Students took to the street and peasants staged violent protest against government corruption. The consensus is that corruption challenges CPC's legitimacy and threatens China's stability.A systematic review of the literature uncovers no investigation on the Chinese people's reception and reaction to the corruption, on the internet. This is a first attempt to do so.This is a research into the “feelings” and “thinking” of Chinese internet users (e-public) on (anti)corruption in China. Specially, it tries to document and analyze the comments–reaction of the e-public to news articles on various aspects of “Audit Storm” in June–July 2004.     

Corruption and Wildlife Trafficking: Three Case Studies Involving Asia

As wildlife trafficking or the illegal wildlife trade has taken a more prominent place on the global agenda, discussions are taking place as to how wildlife trafficking happens. An increased understanding has revealed that corruption is a key facilitator of this profitable and pervasive global black market, but limited research has explored exactly what that corruption looks like and how corruption enables wildlife to be trafficked. Furthermore, research shows that Asia, particularly China and Southeast Asia, are focal points for the supply and demand of certain species of wildlife. Through a literature-based investigation, this paper unpacks the role specific acts of corruption play in the trafficking of ivory, reptile skins and live reptiles from, through or to Asia. It is proposed that not only do individual corrupt acts enable wildlife trafficking to happen, but also that corrupted structures (the criminal justice system, and economic and political foundations) in some societies enable trafficking to happen and also increase the resilience of trafficking to reduction measures. In collating detailed data about the forms of corruption facilitating wildlife trafficking, the gaps in knowledge, and therefore the important areas for further research, become evident.     

刑事司法裁量权的控约机制研究

在现代社会中,刑事司法裁量权的存在有其理论价值和现实必要,但也同时具有引发司法腐败的危险,因此需要合理地建构相关的控约机制。刑事司法裁量权的控约机制至少应当涵括以下要素:裁量权设定的规范控制、裁量权行使的程序控制、裁量权行使的原则控制、裁量主体的素质养育以及裁量瑕疵的补救机制等。     

Serious tax fraud and noncompliance

Research Summary This article reviews what international evidence exists on the impact of civil and criminal sanctions upon serious tax noncompliance by individuals. This construct lacks sharp definitional boundaries but includes large tax fraud and large-scale evasion that are not dealt with as fraud. Although substantial research and theory have been developed on general tax evasion and compliance, their conclusions might not apply to large-scale intentional fraudsters. No scientifically defensible studies directly compared civil and criminal sanctions for tax fraud, although one U.S. study reported that significantly enhanced criminal sanctions have more effects than enhanced audit levels. Prosecution is public, whereas administrative penalties are confidential, and this fact encourages those caught to pay heavy penalties to avoid publicity, a criminal record, and imprisonment. Policy Implications Although it has yet to be proven that prosecution has a greater or lesser impact on these offenders, increased prosecution might be justified for purposes of moral retribution as well as perceived social fairness.     

Corruption in Public Procurement: Finding the Right Indicators

Red flags are widely used to minimize the risk of various forms of economic misconduct, among which corruption in public procurement. Drawing on criminal investigations, the literature has developed several indicators of corruption in public procurements and has put them forward as viable risk indicators. But are they genuinely viable, if only corrupt procurements are analysed? Using a dataset of 192 public procurements — with 96 cases where corruption was detected and 96 cases where corruption was not detected — this paper addresses the identification of significant risk indicators of corruption. We find that only some indicators significantly relate to corruption and that eight of them (e.g. large tenders, lack of transparency and collusion of bidders) can best predict the occurrence of corruption in public procurements. With this paper we successfully tap into one of the most vulnerable areas of criminological research — selecting the right sample — and consequently, our results can help increase the detection of corruption, increase investigation effectiveness and minimize corruption opportunities.     

Controlling Corruption and Misconduct: A Comparative Examination of Police Practices in Hong Kong and New York

Police corruption and misconduct are of perpetual concern to both the police and the public. Various measures have been used and programs created to reduce these problems. But existing research indicates that the effects of such measures are either transient or uncertain. Few studies have been conducted to understand the mechanisms for controlling police corruption and misconduct from an international, comparative perspective. This study intends to fill this gap by exploring the experiences of the Hong Kong Police Force (HKPF) as well as those of the New York Police Department (NYPD). Although Hong Kong is today a part of China, it remains in the Common Law system and its police practices have been highly influenced by Western policing principles, making such a comparison relevant and perhaps useful. The findings of this study suggest that Hong Kong and New York have both adopted various measures for controlling police corruption and misconduct, but have diverged significantly from each other in the structure and content of their control efforts.     

Layers of decision: Linking social definitions of corruption and willingness to take action

The literature available about social definitions of corruption is surprisingly discrete from that which addresses the issue of whistleblowing or the reporting of crime and corruption. The current study, however, empirically links the two. A survey of more than 1300 public sector employees was undertaken to explore: i) how and why public sector employees define some behaviours as corrupt; ii) factors which may hinder public sector employees taking action about corruption which they may observe at work; and iii) the link between i) and ii). The study found that within the New South Wales (NSW) public sector, views about what constitutes corruption are diverse and that this has a significant, though not exclusive, impact upon the action respondents said they would take in response to workplace corruption. The study discusses other factors which also impact upon the stated decision not to take action about corruption and suggests some possible courses of action for addressing these factors.The research upon which this paper is based formed part of the research program of the Independent Commission Against Corruption.     

PEER GROUP SUPPORT FOR POLICE OCCUPATIONAL DEVIANCE

Although there have been several journalistic and impressionistic accounts of police corrupt behavior, there are few empirical studies of this phenomenon. One of the reasons for this lack of research is the absence of theoretical frames of reference to guide research endeavors. This paper deals with police corruption as but one of many forms of occupational deviance and discusses the manner in which the social conditions existing within the occupational milieu contribute to such corruption. In particular. the paper examines the manner in which the opportunity structure and socialization practices within the occupation combine with peer group support to create a social situation where certain corrupt acts are tolerated and accepted.