Accountability in Corporate Governance in China and The Impact of Guanxi as A Double-Edged Sword
Keywords
Accountability; Corporate Governance; "Wenze" Accountability; China; Chinese Corporate Governance; Anglo-American Corporate Governance; "Guanxi" (personal connections/ relationships); Cultural Factors and Elements; Cultural Sensitivity; State Owned Enterprises (SOE); Corporate Strategy; Profit Distribution; Decentralization; Hybrid Corporate Governance Model; "Renqing" (reciprocity); Gift Giving; "Mianzi" (face); "Xinren" (trust); Confucianism; G20/OECD's Principles of Corporate Governance; Transparency; Relationology; Cultural Derivatives; Two-Tier Board System; Board Ethics; Information Accuracy; Justification and Explanation Followed by Questioning and Evaluation; Imposition of Consequences; Positive Values; Negative Problems; Harmonious Business EnvironmentBanking and Finance Law
Business Organizations Law
Civil Law
Comparative and Foreign Law
Law and Economics
Law and Society
Legal Ethics and Professional Responsibility
Legal Profession
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Abstract
Accountability is an essential aspect of corporate governance and it has been argued that the “wenze” system of accountability in China comes very close to the accountability systems developed in Anglo-American corporate governance. This Article examines the role of cultural factors, namely guanxi and its derivatives, in corporate governance in China to determine what effect, if any, these cultural factors have on the operation and development of the “wenze” system in large listed companies. The Article specifically considers whether the cultural elements affect accountability, and if so, how and to what extent. It also explores whether these cultural factors are good, bad, or neutral as far as the development of accountability in fostering good corporate governance is concerned. The Article advocates a realistic, functional, and culturally sensitive corporate governance accountability system in China, under which guanxi and its derivatives will not be regarded as a substitute for accountability, but will work within the “wenze” system of accountability. Meanwhile, the Article’s analysis also demonstrates that guanxi is a double-edge sword, for while it can be an impediment to accountability, it is not totally inimical to ensuring that there is accountability.Date
2017-01-01Type
textIdentifier
oai:brooklynworks.brooklaw.edu:bjcfcl-1234https://brooklynworks.brooklaw.edu/bjcfcl/vol11/iss2/5
https://brooklynworks.brooklaw.edu/cgi/viewcontent.cgi?article=1234&context=bjcfcl
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