22. On Combating Corruption:Destroying the Corrupt Contract, Leaving Corruption Nowhere to Hide
Authoritarianism is fertile ground for corruption. After over two millennia of authoritarian rule, nearly every Chinese person harbors a corrupt heart. In China, it seems everyone despises corruption, but what we truly resent isn't corruption itself—it's that others can be corrupt while we cannot. We don't hate connections; we hate that others can secure them while we cannot. We don't despise privilege; we resent that others possess it while we do not. This corrupt mindset has been ingrained in the Chinese psyche for over two millennia, leaving us unable to extricate ourselves. This is precisely why, no matter how much anti-corruption education Chinese people receive, once they enter government service, they immediately begin to engage in corrupt practices. Because Chinese people do not hate corruption; what they hate is their own inability to be corrupt. In China, anti-corruption education is always directed at those who have no opportunity to be corrupt. Those with the opportunity to be corrupt have always understood that they are not the targets of such education.
Chinese people do not view corruption as shameful; rather, they regard it as a badge of honor. Before an official is caught, though everyone knows deep down that he is corrupt, we still treat him with utmost respect, flattery, and obsequiousness. Even if such an official is arrested for corruption, as a corrupt official, he can still enjoy preferential treatment in prison based on his rank. Aside from losing a few years of freedom, almost nothing else changes for him. They needn't fear social ostracism upon release, for while Chinese people generally shun ex-convicts for petty theft, they do not discriminate against ex-convicts for corruption. Anyone with basic rationality can discern that official corruption harms society far more than theft, yet Chinese society stubbornly refuses to condemn corrupt officials. These phenomena all demonstrate that, in the Chinese mindset, corruption is not a source of shame.
As long as authoritarianism persists in China, corruption will never fade from the Chinese psyche. Only democracy can eradicate the corrupt mindset in China.
The vast majority of corruption requires accomplices; without their cooperation, corruption is virtually impossible to execute. Precisely because of this, those who conspire to commit corruption invariably share an unspoken corrupt pact. Participants know each action constitutes a crime, and that exposure will subject them all to legal punishment. Since all parties stand to lose together, they naturally cooperate tacitly to avoid detection and conceal their corruption. In this process of unspoken coordination, they unconsciously form and adhere to a corrupt contract.
Traditional anti-corruption approaches rely on external oversight to uncover leads and investigate corruption, often yielding limited results despite significant effort. A more effective strategy involves targeting the inner circle of corrupt actors, incentivizing them to breach the implicit corruption contract by voluntarily reporting wrongdoing to oversight bodies. Human nature is self-interested. For corrupt individuals to voluntarily report, the act of reporting must benefit them. Therefore, the law should stipulate that in cases of collusive corruption, the first party to report the corrupt act bears no legal liability and should receive a reward. The reported party, in addition to bearing their own legal liability, should also bear the legal liability that would have been borne by the first reporter. If there is no first reporter, all parties bear their own legal liability after the case is uncovered.
Illustrative Examples:
1. Party A bribes Party B with 200,000 yuan. Regardless of whether Party B fulfilled Party A's request, Party A voluntarily reports Party B's bribery. Party A is deemed the first reporter. Party B must bear criminal liability for accepting the 200,000 yuan bribe and additionally bear criminal liability for accepting the 200,000 yuan bribe. Party B must also return the 200,000 yuan to Party A.
2. Party A bribes Party B with 200,000 yuan. After receiving the bribe, regardless of whether Party B fulfilled Party A's request, Party B voluntarily reports Party A for bribery. In this case, Party B is the primary accuser. Party A must bear criminal liability for both the 200,000 yuan bribe and the 200,000 yuan bribe received, while Party B is not required to return the 200,000 yuan.
3. Party A bribes Party B with 200,000 yuan. After receiving it, regardless of whether Party B fulfilled Party A's request, neither party reports the other. Upon case discovery, Party A bears criminal liability for offering the 200,000 yuan bribe, while Party B bears criminal liability for accepting the 200,000 yuan bribe. The 200,000 yuan bribe is confiscated.
Once these measures are implemented, Party A will dare not bribe, as doing so would expose them to the constant risk of betrayal by Party B. Similarly, Party B will dare not accept bribes, as doing so would expose them to the constant risk of betrayal by Party A. The parties cannot form tacit agreements or corrupt contracts regarding bribery and bribe-taking, thereby eliminating the breeding ground for corruption.
The aforementioned approach is not only effective against corruption but also reduces other forms of joint criminal activity.
Beyond breaking corrupt pacts, we must intensify punishment for corrupt officials. Under no circumstances should corrupt individuals enjoy privileged treatment in prison. All convicted corrupt officials should be assigned to hard labor. Consider this: if a mayor, after being sentenced, resides in a cell more comfortable than the average citizen's home, receives free medical care and clothing, and enjoys virtually all privileges except freedom, what deterrent effect does such punishment hold? Even if the death penalty cannot be imposed on every corrupt official, they must endure genuine suffering during their incarceration. Only then can those contemplating corruption be truly warned.
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