Corruption: A look at China Now
1. Introduction:
No doubt you question why I should single out China. And you’d be right
to ask. Corruption is not a new phenomenon; nor is it exclusive to certain
countries. Any reader may not look any further than his own country to witness
the practice in varying forms, degree and range. And if I may be permitted to
make a suggestion, to those of you living in western ‘developed’ countries,
start by looking at the ‘lobbying’ industry. The Corruption Perceptions Index
(CPI) defines ‘corruption’ as "the abuse of entrusted power for private
gain". China ranks 77th out of 158 countries: from another
perspective North America ranks fourteenth, so those of us defending our
personal position may not be so defensible as we might suppose.
Over the last generation,
corruption in China has drawn as much attention as the economic reforms and
progress with which it is linked. And more recently, the results of corruption
in the form of quality controls has summoned even more regard from the media.
But the corruption of today has many roots stretching from long ago in traditional
history to today’s plain and simple greed. The status of high moral values and
discreet social behaviour once practiced by most prior to 1919 has been now
usurped by the high status of wealth and power. And these dichotomies between traditions and
state-society relationships have been practiced now for a very long time…time
enough to become established as the status quo. Corruption is a great concern
within itself but more troubling are the underlying tensions that seems to be
its cause. The state has been unable to addresses these underlying problems
successfully and its ability to support rapid, drastic change is undermined by
social resentment. Chief among these problems is insecurity and its ever
accompanying brother, greed. Most in China understand that the state will not
look after them so that they must look after themselves and high return on
investment rates and low risk factors promote the intangible temptation to take
what you may want.
Today, China’s economic success
and national credibility is threatened by this corruption as was most recently
evidenced by the regrettable Tiananmen Square incident. But this is nothing to
the thousands of protests carried on each day of smaller varieties but
nevertheless troubling to the regime’s stability. While these reactions are
concern enough, we are worried that corruption, unless checked in some
fundamental way, will run out of control and worsen.
2. Reasons
and Causes
There are some (Kwong et al, p
175) that while acknowledging that corruption has been part of China for 5,000
years and is unlikely to disappear entirely. The causes of the corruption of
today in its rampant forms, dates from after the cultural revolution if not the
time of liberation of 1949. It is suggested that after the cultural revolution
higher principles representing the
morality of the country, changed status and were replaced with the status of
power and wealth, which in turn was made possible by corruption.
On the streets, it is said, that,
“The only way to get rich in China is in the dark.” And I recently read that
anything can be accomplished in China except abolishing smoking in the capital.
In fact even that is possible if the kickbacks from the tobacco industry and
tax collectors were not so lucrative. In fact, it is true, if the right
authorities want something accomplished…anything is possible. Look at the two
countries of China and Vietnam who attacked SARS in a head-on basis. This could
not have been accomplished in any democratic or so called developed nation; we
would have had armed protests. And this tendency towards corruption follows the
food chain all the way down to private
entrepreneurs and as I have observed, even to widows and school teachers.
A recent antidote tells of a
school teacher who had no connections with a prominent university but who
wanted to achieve the status and stability of being a university professor, was
told that the appointment would cost 100,000 RMB under the table (about 2 years
salary for a professor). But the opportunities as a professor are much more
lucrative than those of a lowly middle school teacher, so that the return on
investment would be justifiable as 1:1, where the payout equalled 1 of year work
rather than four years.
3. Risk
Lax enforcement
The apparently harsh penalties by the Chinese
law enforcement agencies, in the form of lengthy jail terms and even execution
often impress the casual outside observer. The most recent case involved the
highest official in the Chinese drug department who had embezzled or received
in bribes, over $1 million for overlooking poorly tested drugs, to passing, out
and out fake drugs.
But appearances are deceiving. Despite the
few high profile cases, studies show that Beijing punishes only a small number
and percentage of offenders in corruption cases. For example, nearly 80 percent of the 130,000–190,000 CCP members
disciplined and punished by the CCP annually since 1982 got at most a warning.
Only 20 percent were expelled from the party. Less than 6 percent were
criminally prosecuted. In recent years, half of those convicted of corruption
received suspended sentences and did not serve any jail time. Therefore, the
odds of an average corrupt official going to jail are at most 3 out of 100,
making corruption a high-return, low-risk activity.
The
same 2006 study (Pei, 2007) of 3,067 corruption cases found that only half of
the people accused of engaging in corruption were related to land claims and
infrastructure cases. This trend can be seen in the number of local land
officials who have either quit or been fired from their positions. Half of these
have been sentenced and some executed. Corruption is also rampant in the
activities of land transfer. Typically land is acquired through coercive means
and resold at inflated prices to those offering the highest bribes. A 2005
survey by the Ministry of Land Resources found that of sixteen cities half of
the transactions were illegal. They had found that between 1999 and 2005, over
one million cases were transferred illegally.
China’s financial sector is
similarly fraught with corruption. Kickbacks for loan approval, massive theft
by insiders, misuse of funds, and large-scale fraud are routine in Chinese banks,
brokerage houses, insurance companies, and rural credit cooperatives.
People
involved in this type of fraud at the highest levels of government. Other areas
involved are transportation, communication and Insurance industries.
4. Types
of Corruption
Corruption takes on many forms.
Many people think the Communist Party wants to end the corruption, Mr. Pei
says, citing public executions and long prison sentences. The appearances,
though, are deceiving. In the 1980s, Mr. Pei says, few corrupt officials stole
more than one million yuan ($135,000). Now, even lowest-level officials
routinely steal "tens of millions of yuans." All in all, Mr. Pei, Pie, 2007) says, corrupt
government officials steal 3 per cent of the country's $13-trillion (U.S.)
economy ($1.9 Billion). These crimes, he says, "represent a large transfer
of wealth from the poorer to the richer, to a tiny group of elites." In
fact 35% of the corruption occurs within SOEs which are owned by the PLA. The
PLA also owns 70% of the companies on the China stock exchange.
Various Types of Corruption:
Judicial system: judges are paid off
and innocents are punished
Police: extortion and illegal
activities carried out by the police themselves
Licenses, Infrastructure and Public
Utilities: companies pay a 3%-5% levies on projects they undertake.
Land Administration:
misappropriation of lands, illegal transfer of land use rights.
Tax Administration: bribes to secure
tax exemption; generally the farther away from Beijing, the higher the corruption through taxes
Customs
Administration: the waving of import
taxes. Now less likely after WTO
Public Procurement and Contracting:
this is the type of bribery that extends form the very top to the bottom since
there are no General Contractors who take full responsibility for the project
and since there is no “pride of ownership” or anyone who takes over the
building after it is finished. It is just sold to someone else who is looking
no further than a profit.
Environment, Natural Resources
and Extractive Industry: watch out for local officials overlooking
environmental laws in spite of the potential damage.
Labour Market: the Hukou
(or social registration system) restrains people not from migrating to other
cities but from receiving the same benefits as permanent residents of the city.
Also the fake document factories that will print up any fake document for
whatever purpose. These can be printed in any language. They advertise by
chalking their cell numbers on the sidewalks.
Banking: it is not
uncommon to pay bribes to receive loans; banking is a SOE and therefore its
corruption is directly connected to the CCP and PLA.
Nepotism: Of China’s new
billionaires, about 2,900, 90% are the children of senior cadres. At the start of reforms, in 1979, Deng
Xiaoping said: “Let some people get rich first.” It is now clear who he had in
mind…in Qingdao, Shandong, his granddaughter owns a luxury 5 star hotel on the
beach claiming to be worth 63 million dollars.
5. What
to do About It?
Now that we
know that we will encounter corruption when we do business in China, what do we
do about it? For rest assured that you will come face to face with it. Well,
there are only two roads to take: the high and the low.
We may have heard of the famous
story of Texaco refusing to pay bribes so adamantly in Africa that many of its
Jeeps and convoys go past borders unmolested. But ask yourself: how many
companies are clamouring to get into African countries (except Chinese
companies)? For the same reason that Chinese restaurants don’t improve their
services…if you are not happy with the service…then move on. Someone else will
walk in the door within a few minutes to take your place. At the moment, from
the Chinese perspective, services don’t have to be improved…business is great!
Taking the high road in China
while trying to carry on doing business, is futile. You just won’t get anywhere,
but your competitors who have chosen the low road are flourishing. But by
dealing with it, you can make choices. The only thing you must worry about is
that you’re paying the right person.
I can’t tell you how many horror
stories I’ve heard about the nice North American company who spent two years
taking the wrong people to lunches and dinners. This comes from either poor experience
or by trusting someone (which comes from poor experience. And herein can lie
the proverbial endless cycle: how do I get experience without getting hurt…how
can I avoid getting hurt without having had experience? You have to take the
risk and learn fast, which leads us to another topic, who do we send to China
to break the ice.
6. Management
You are a
bright, aggressive, experienced executive. You have proven your abilities on
the home front by successfully opening many new outlets for your company and
now you are finally getting your just rewards.
The head office has just informed
you that you will be spear-heading the “China Initiative” and will be expected
to open the new overseas Asian operation by the following year.
Moreover, your spouse and kids
are encouraged to join you; (the Chinese, the head office has learned, respect
family unity). It is such a complete surprise and future challenge that you
just cannot gather it all in; and as you have just finished informing your
wonderfully supportive spouse you both sit down speechless and dumbfounded at
the prospect, staring at each other with mouths open. Your children are
gleeful, and return their attention to the television, vaguely envisioning a
kind of China wherein exists an older picturesque version of Disneyland.
“Don’t worry”, the head office
informs you, “We will give you lots of training and cultural sensitivity
workshops to prepare you.” More often than not, management perceives this
initiative in terms of months, or one to two years. Any venture into China
should be considered long term: five years minimum to work well. Of course, in
some circumstances, with a joint venture partner where supply of goods is the
only consideration, trade can take place relatively soon.
So often, though this is a
simplified scenario, companies eager to break into the China market, send such
promising, enthusiastic young, aggressive executives into the gaping maw of the
huge market of China without adequately preparing either the employees or their
families. It is a very costly mistake and one that can ruin the reputation and
bottom line of an otherwise successful firm.
Within the next two months of
preparation before departure, you have learned through the misguided efforts of
your company HR department the polite way to greet the Chinese, the gift giving
protocol; the business card exchange, the topic taboos and the ever important
“Ni hao” (Hello) and “Xie xie” (Thank you).
Your accommodation has been
approved and your official company ‘Interpreter’ will greet you at the airport.
Bon Voyage! See you in Beijing.
The Chinese businessman views his
Western counterpart with a curiosity that you might give an innocent or neglected
child. They are kind, courteous, and exceedingly accomplished hosts, but they
are very well versed in the most refined of intellectual manoeuvrings learned
over a history of thousands of years. The North American penchant for the
aggressive, “let’s do it” attitude, so valued in our own culture, is looked
upon as hasty, emotional and ill advised behaviour. The Chinese have been
learning for the past 28 years since 1979, how to deal with Westerners and now,
Westerners had better learn how to deal with the Chinese businessman; and learn
fast.
Language is the basis of all
culture and Chinese is not a difficult language to learn to speak but if you
are an executive expatriate in China you must learn the language. Of course you
will have to rely on an interpreter at first, but the sooner you can speak the
language the better. In any event, it makes good sense for any company looking
to deal with the Chinese in the future to be training their staff on the
rudiments of the language and have at least one person fluent in the language.
A Chinese interpreter, though generally helpful, in difficult negotiations,
cannot always either understand the nuances of the negotiation or cannot convey
your precise point. And, if the interpreter himself or herself is a Mainlander,
he or she will always formulate the North American message in a Chinese way,
and in the process, distort your intentions. Once this is done, the Westerner
may perceive progress but be quite disappointed later on as the negotiations
proceed but eventually fail.
Of course you will not become
fluent in the language immediately; that will take at least five years. But
someone from your firm should be with you who is fluent enough to grasp and
convey important points from your company’s perspective. Similarly, and more
importantly, the Westerner should pay very close attention to non-verbal
language, and watch the Chinese delegation as closely as the delegation will be
watching you.
So often, I hear of expatriates
that arrive with the best of intentions and greatest degree of integrity, leave
for home, defeated in spirit and undertaking. Sometimes, the executive is
making progress but the company has neglected to prepare the spouse and
children for the cultural shock of China and they become unhappy and feel
alienated. The poorly prepared executive is placed in the position of having to
save his job or his marriage or both. And when the executive, who although not
entirely successful, has made many inroads and friendships since his or her
arrival, must now abandon those inroads, in which everything gained, however
small, is lost.
The company either regroups and
plans to send another executive out, perhaps better prepared, or abandons doing
business with the Chinese on their turf.
This scenario is a real shame,
since all of business is accomplished in China through relationships. Not
simply the “guanxi” that is certainly required, but the friendship that goes
along with the reciprocal nature of “guanxi”: the trust. This takes time, of
which the Chinese are always prepared to give. Often, time, is used as a tool
to force agreements which are disadvantageous to the Westerner because pressed
for time, he or she doesn’t want to return home empty handed.
Such similar stories abound in
corporate North American companies. I know of more than one Canadian company
and many American companies who have sent their point men ahead to reconnoitre
the area, as it were, and who have wasted hundreds of thousands of dollars in
living and travel expenses over a year, only to learn that they had been taking
the wrong people to lunch.
Asked later, by head office, the
expatriates invariably exclaim that they felt that everything was going well.
“The Chinese seemed to like our product or service; they introduced us to many
factories and logistic chains but we never got to the stage of signing a
contract.”
Welcome to China!
7. Conclusion
China's corruption is linked both to its traditional
heritage of the CCP and to its new market-mixed economy. It is currently a
severe problem and one which can be envisioned as ruinous in the future. The
economic system is undergoing profound change, creating enormous opportunities
both legitimate and illegal. The decline of communist and pre-communist values
has given way to greed and cynicism, hampering reforms through the legal system.
Top down elitists plunder assets, while the new mixed class of entrepreneurial
and bureaucratic elites enrich themselves and challenge the old system. These
trends are producing unrest and mistrust throughout China wherein lessons are
learned from observations.
There
are reasons for serious concern. First, corruption in its most serious forms
requires money, access to money, or special expertise, and thus is most likely
to benefit the well-connected and newly rich (the New Mandarins). As such, it
widens the income inequities among people and regions, with the majority
remaining poor and feeling abused by the increasingly corrupt system. If, as it
is likely, such income disparities will continue to grow, and the resulting
mass discontent could threaten the stability of the social order and the
legitimacy of government and the CCP. And second, corruption is seen by some intellectuals
as leading China toward a kind of "anarchy...a paradise for those who have
money and power." In short, corruption is making it more difficult to
govern China from Beijing, and in the absence of clear alternatives to
Party-state dominance this is a serious matter. This is a curious state as it
mimics the traditional role of Emperor, as citizens often did not know from
dynasty to dynasty who their ruler was
because of poor communications.
Corruption may trigger a dynamic
process moving China further toward rational and institutional government--or
it could disrupt social progress and wipe out the remarkable economic accomplishments
of the last decade. All depends upon whether the government has the capacity
and the will to confront the political aspects of the corruption crisis. As
noted above, much of the public is outraged about some forms of corruption, but
lacks legitimate channels through which to express those grievances politically
(and since 1989, is confronted with obvious evidence of the dangers of trying
to do so). Other forms of corruption are more widely tolerated, but this both
reflects and intensifies the current crisis of values. The result is that while
corruption is one of the most serious threats to China's future, it will be very
difficult to address the problem in effective and legitimate ways.
Given the tenacity of China's
regime, and the resilience of its people, it is risky to predict any single
outcome of this dilemma. It is clear to us, however, that the current situation,
in which extensive corruption coexists with rapid growth and only limited
political response, cannot continue indefinitely. Economic reforms have reached
a crossroads, but where China will go next is a question for its citizens. They
will take us there, but rest assured, we will all be affected.
Sources
Julia Kwong. Armonk (New York): M. E. Sharpe. (Studies on
Contemporary China.) 1997. xv, 175 pp.
Pei, Minxin, Carnegie Endowment for International Peace, Corruption Threatens China’s Future, Policy
Brief 55, October 2007