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Chinese University Press

An Empirical Study of Corruption within China's State-owned Enterprises


Author(s): Wenhao Cheng
Source: China Review, Vol. 4, No. 2, Special Issue on: Corruption in China (Fall 2004), pp. 55-80
Published by: Chinese University Press
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The China Review, Vol. 4, No. 2 (Fall 2004), 55-80

An Empirical
Study of Corruption
within Chinays State-owned
Enterprises
Wenhao

Cheng

Abstract
China's

state-owned
practices

corrupt

power

and

given

the

how
very

which

control

have

managers

combination

Wenhao

China's

CHENG

Management,
from
Yale

of all

Peking

governance,
Anti-corruption

factors

that

many

led

to

corrupt

and

the ones
practices,

systems

provides

It is the

adventures.

managers'
has

of

managers

their corrupt

supervision

by

power

Various

by the system

given

for the general

of these

general

of the enterprises.

that

themselves

on of the managerial
enables

their

argues

enterprises,

to enrich

policy,

of existing

abuse

managers
the

by

to rampant

corruption

SOEs.

Professor

is an Associate

Tsinghua
University

University

by

further facilitate

created,

weakness

safe environment

relatively

those

both

including

and the institutional

within

activities

greatly

by the general

of all, the author

incentives

reform

harmed
those

general

decentralizati

Second,

lucrative

SOE

provided

strong

is an important

opportunities,
general

income

been

especially

to do so. First

developed

the most

why

explores

limited

their power.

abusing

by insiders,

they manage

have

managers

SOEs,

article

This

managers.

have

(SOEs)

enterprises

committed

in 2002.

corruption

at the School

received

University.

He

in 1996

his doctoral

His

and

research

control,

and Governance

covers

electronic
Research

his BA
degree

a number
government,
Center

of Public

in Political
of important
etc.

of Tsinghua

He

also

and

Policy

in International

Politics
from

Science
topics

such

founded

University

as
the

in 2000.

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56

Wenhao

It takes
only

more

takes

Researchers

one

than one
person

to make

person
to totally

destroy

a state-owned

enterprise

Cheng

prosper,

but it

it.

into Chinese corruption have paid relatively little attention to


SOEs, an issue that we cannot afford to ignore.

corruption within China's


State-owned enterprises,

which form the foundation of China's public


three
roles in corruption. First, many of them have
sector, actually play
suffered greatly from corruption committed by insiders. Second, individual
state-owned enterprises, just like their counterparts in the private sector,
often engage in corrupt practices themselves. For instance, many of them
are willing to bribe officials in order to obtain loans, quotas and
contracts,

government
because

of market

when

these

resources

are

open

for

competition

reform.

The third role played by SOEs, which researchers tend to ignore, is


that they sometimes assist the corrupt practices of public officials by
providing false receipts, bank accounts, and similar documents to them. To
function and to profit, every enterprise has large numbers of bank
transactions and large amounts of cash flow that are difficult for outside
groups to monitor. At the same time, enterprises are subject to less
financial oversight than government agencies, because they are supposed
to make decisions freely based on the best judgment of the managers.
Therefore, in the eyes of corrupt officials, enterprises are a safe haven for
hiding, transferring, and laundering their corrupt proceeds.
Thus, although SOEs often suffer from corruption perpetrated by
insiders, they also engage in corrupt practices themselves, at times, and
facilitate the deals of public officials, simultaneously playing multiple

roles in corruption. This article will focus on corruption on the part of


insiders in order to see how corrupt practices could be committed in the
first place, and why existing supervision
from happening.
How

Serious

systems failed to prevent them

Is the Problem?

On the surface, corruption within SOEs can be demonstrated by the


extravagant life-style of many SOE managers. One survey showed that
among one hundred SOE managers in Shenyang, the capital city of
Liaoning Province, 70% had bought big houses for themselves and 82%
had obtained luxurious business cars using public funds after assuming the
position.1 An investigation carried out by government agencies into 400
entertainment facilities located

in six capital cities led to the surprising

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An Empirical

Study

within

of Corruption

China's

State-owned

Enterprises

57

finding that as much as 60% of their total revenues came from SOEs. And
sometimes their spending became very extravagant. For example, one
entertainment centre in Xi'an City introduced a very luxurious service
package named "You are the Emperor." The package included 15 different
entertainment programmes that lasted for a total of 8 hours and was priced
at RMB5,000. Rich people rushed to bid for the title of "the first Emperor"
at auction. The general manager of one loss-making SOE eventually won
in the
the title with a bid of RMB68,888.2
By way of comparison,
meantime, the average yearly income of SOE workers in that province was
RMB6,230.3
In addition to the wilful spending of SOE managers, Chinese SOEs
also suffer greatly from the three major types of corruption in China: graft,
From 1999 to early 2000, corruption cases
bribery and embezzlement.
handled by People's Procuratorates at all levels involved more than 15.000
suspects that worked for SOEs. More than 12,000 of these cases involved
graft or bribes of over RMB50,000 or embezzlement of over RMB 100,000.
There

were also

570 cases

RMB500,000

graft and bribes of more than


of over RMB1
involving embezzlement

involving

and 790 cases

million.4
Rampant corruption within SOEs can also be demonstrated by the
official statistics of localities. From 2000 to September 2001, the People's
Procuratorate of Beijing registered 512 graft and bribery cases occurring in
SOEs, accounting for 60% of all cases it registered in that period.5 In the
first half of 2001 alone, the People's Procuratorate of Shanghai registered
209 graft and embezzlement cases involving SOE personnel, accounting
for 71% of all cases it registered in the period.6
In some cases, corruption within SOEs became

so devastating that it
In recent years, the
brink
of
to
the
the
bankruptcy.
enterprises
pushed
losses they
and
the
financial
within
SOEs
between
correlation
corruption
of
Procuratorate
made has almost become a rule. For instance, the People's
District of Shanghai, China's largest industrial city, has
24 graft and bribery cases in 12 loss-making SOEs.7
broken
successfully
in
Jiangsu Province once launched a campaign specifically to
Jiangyin City
target the so-called "rich monks in poor temples" phenomenon. Within two
months, investigators had identified 33 corrupt managers within 33
the Baoshan

that

enterprises

were

losing

money

for unexplainable

reasons.8

After reviewing the current situation of corruption within SOEs, it is


logical to raise three questions. First, why has corruption within SOEs
become

so

rampant?

Second,

who

carried

out

those

corrupt

practices,

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and

58

Wenhao

Cheng

how did they succeed in doing so? Third, is there any connection between
corruption in SOEs and certain reform policies that have been introduced
in the last two decades?

These are the questions that I will address in the


following part of this article.
Case studies are extremely helpful in explaining why corruption is so
rampant in SOEs. I have successfully collected 264 SOE corruption cases
published by the Justice Network of Procuratorate Daily (www.jcrb.com.
cn) from 1999 to 2001.1 found that these cases not only point to the general
trends of SOE corruption, but also provide detailed information about how
those practices were completed.
heavily on these cases.

Who

in Corrupt

Engaged

Thus, the analyses

Practices

within

which follow rely

SOEs?

In theory, three types of SOE employees are able to engage in corrupt


practices. First of all, ordinary workers may have opportunities to steal
public funds. They include accountants, cashiers, and sales representatives.
Although these people do not hold substantial managerial power, they are
the persons who come into contact with those resources that flow in and out
of the enterprises on a daily basis. Therefore, there are times at which they
can steal money by taking advantage of their low positions in the command
chain and of the information asymmetry problem that is built into the
system. They could do so in various ways, including forging financial
records, hiding revenues, and secretly cutting spending.
Among the 264 SOE corruption cases I collected, 38 involve corrupt
practices on the part of ordinary workers. As Figure 1 shows, accountants
were responsible

for 21 out of the 38 cases, while sales persons and fee

collectors

contributed

are

positioned

better

9 and
than

4 cases

others

It seems

respectively.

to abuse

their

that

accountants

power.

Middle-level

staff are another group of people who are more likely to


in
engage
corrupt practices. Unlike ordinary workers, they hold genuine
managerial power, especially the power to distribute certain types of
resources.

For

complicated

that often requires


raw materials
purchasing

including

modern

example,

industrial

process

production

various

supporting

is

very

activities,

and

equipment,
improving
technologies,
producing and selling products. As a result, industrial
enterprises often have a distribution of labour arrangement among middle
level staff. They usually have several directors, each of whom is in charge
of

certain

aspect

of

the

enterprise

such

as

procurement,

sales,

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and

An Empirical

Study of Corruption

within

China's

State-owned

59

Enterprises

Figure 1

Others

Fee Collectors

Sales

21

Accountants

10

15

20

25

Number of Cases

financial

management. Figure 2 describes the distribution of labour


between top and middle-level staff in one typical Chinese SOE.
Although the directors work under the direct guidance of the general
manager, they also enjoy a certain freedom of action when handling issues
This freedom is usually
falling into their sphere of responsibility.
authorized by the senior management, which wants them to respond
quickly to changing situations. But sometimes directors can abuse their
power by taking advantage of their relative autonomy and by withholding
critical information about their work. For instance, directors of
procurement can always find a number of suppliers with whom to bargain.
When these suppliers have similar qualifications
the same

prices,

it is relatively

safe

for directors

and they ask for roughly


of procurement

to choose

Figure 2

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60

Wenhao

the one who offers the most kickbacks.


sometimes

hide

some

sorts

And directors of finance can


revenues

of irregular

Cheng

that

are

known

to

only

them and a few accountants. They could then wait for a while and finally
keep the money for themselves.
Because

the

operation

of

modern

enterprises,

that

especially

of the

really huge ones, involves numerous activities, senior managers are simply
not able to monitor every activity closely. The more layers there are in a
hierarchic arrangement, the more information will be withheld when it is
transmitted to the top. Therefore, even in a SOE
of an

control
level

staff

astute

to make

general

manager,

there

that is under the tight

is plenty

of room

for middle

arrangements.

self-serving

Among the 264 SOE corruption cases that I have collected, 49


involved the corrupt practices of directors. Figure 3 reflects the distribution
of the cases among different departments.
Figure 3

Construction

Procurement & Supply

Sales

15

Others

Finance

i
10

19

t
15

20

Number of Cases

As Figure 3 shows, finance (19) and sales (8) are the two single biggest
contributors to the corruption cases. This is understandable, because
directors of finance have easy access to large amounts of cash flow.
The

financial

management

sector

as

a whole

has

contributed

40

cases

to the 87 corruption cases involving ordinary employees and directors,


including the 21 cases involving ordinary accountants. This confirms that
financial management is the most vulnerable part of China's

SOEs.

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An Empirical

within

Study of Corruption

The third group of corruption


including

both

the

managers

are

often

and

entrusted

to

vice

managers.
the

supervise

61

Enterprises

are SOE

perpetrators

managers

general

State-owned

China's

managers,
vice

Because
of

operation

multiple

departments, they have much more discretionary power than department


heads. Thus, they can make corrupt deals either by bargaining with
outsiders individually, or by colluding with directors under their control.
In Chinese
the

possess

SOEs,

most

it is general

however,

decision-making

managers
but

power

also

who not only


have

the

most

opportunities to enrich themselves. Official statistics, for example, show


that

are

managers

general

for

responsible

substantial

of

proportion

corrupt practices taking place within SOEs. The People's Procuratorate of


Liaoning Province investigated the wrongdoings of 2,226 SOE employees
from

1997

to June

and

2000,

of them

1,067

were

general

In

managers.9

2000, Wuxi City in Jiangsu Province uncovered 52 corruption cases in


state-owned enterprises that were performing poorly and punished 56
of whom

persons,

41

were

managers.

general

can also prove this point. As Figure 4


shows, general managers alone have contributed 117 cases, 44.3% of the
total 264 cases. And general managers and vice managers together
The cases

contributed

I have collected

or 54.92%

145 cases,

of all cases.

The

percentage

is

disproportionately high.
Corruption cases involving general managers not only account for a

Figure 4

Other
Party Official

6
1 25

Sub

J 28

Vice Manager

38

Ordinary Worker

1 49

Director

General Manager
0

20

40

60

80

100

120

Number of Cases

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140

62

Wenhao

Cheng

large portion of the total SOE corruption cases, they also often involve
large amounts of money. For instance, among the 32 big cases (graft or
or embezzlement cases
bribery cases involving more than RMB50,000,
involving more than RMB 100,000) that have been registered in Xianyang
City, Shanxi Province in the last three years, about 60% involved general
managers.

My research also confirms this point. On average, the 117 general


million in graft, RMB7.34
million in
manager cases involve RMB3.03
and
RMB21.26
million
in
embezzlement.
of
bribes,
By way
comparison,
the 18 cases of bribery by powerful local bank officials (14 were directors
or vice directors of the banks) that I studied involved RMB0.742
about one tenth of the total amount received

average,

In other

managers.

words,

general

managers

million on

by SOE

of state-owned

general
can

enterprises

sometimes extract many more bribes from the business activities of the
enterprises than bank officials can from the precious bank credits they
control. This comparison alone proves that these managers do in fact
control

enormous

Besides

economic

resources.

the large

amounts of money
managers also tend to
corruption. According to my calculation, 47
two or more core types of corruption, with 9
practices,

general

in their corrupt
in
engage
many types of
out of the 117 cases involve
involved

cases involving graft, bribe


This confirms the rule that "bad things often
taking and embezzlement.
come together," and Figure 5 shows the percentage
of different
combinations of corruption types in the 117 cases.
By all standards, then, general managers are the main perpetrators of
corruption within SOEs, and they therefore deserve to be the focus of any
systematic research on SOE
Three

questions

corruption.

surface

when

we

focus

on

the

corrupt

activities

of

SOE

general managers. First, why would SOE general managers abuse


their power? Second, how are they able to abuse their power successfully?

Third, why have existing supervision systems failed to contain their


corrupt practices? I will address these questions one by one in the
following section.

Would

Why

SOE

Managers

Abuse

Their

Power?

Both strong incentives and adequate opportunities are required for an


individual to engage in corrupt practices. Thus, one direct reason for SOE
managers

to abuse

their

power

for personal

gain

is that

they

have

strong

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An Empirical

within

Study of Corruption

China's

State-owned

63

Enterprises

Figure 5
1

"1
1 9

G.B&E

10

B&E

1 13

Embezzlement
G&E

1 14

G&B

14

Graft

Series I

20

Taking Bribes

10

20

15

J 31

25

30

35

would

find

strong

Number of Cases
Notes:

B = Bribes, E = Embezzlement,

incentives

to do

so.

As

G = Graft.

rational

persons,

they

incentives

to corruption only when the expected benefits for abusing their power far
exceed

the

expected

costs.

Let

us

now

find

out

how

they

reach

such

conclusion.
As I mentioned at the beginning of this article, SOE managers and staff
have dual identities. They are not only employees of enterprises, but also
enjoy the status of cadres (gan bu). As cadres, it is possible for SOE
managers

to assume

party

or

government

positions

at some

time

in the

future and hence they need to consider carefully both their economic and
political interests before abusing their power. Let us first take a look at
their economic interests.
The legal income of an SOE manager usually consists of two parts, the
basic salary (jiben gongzi), and a bonus. As a cadre, the manager's basic
salary is mainly determined by the executive rank held rather than the
financial

strength of the enterprises he/she leads. Frankly speaking,


managers' salaries are very limited, if their capabilities and responsibilities
are taken into consideration. Although bonuses complement their salaries,

they are not very substantial. For example, from 1979 to the mid-1990s, the
"Chinese Tobacco
King" Chu Shijian successfully converted a small

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64

Wenhao

Cheng

cigarette factory he led into the most profitable SOE in China. During
Chu's tenure, the factory contributed tax revenues totalling RMB20 billion
to the state each year. However, despite his great contributions, in 1990
Chu's basic salary was only RMB480 per month. With his bonus also taken
into account, his total monthly income was only RMB 1,000.10
Low pay is a problem that bothers almost every SOE manager in
China. Yu Zhi'an, former general manager of Changjiang Energy Group of
Hubei Province, embezzled US$10 million to establish a private electricity
company in the Philippines.
private business. Because

He then fled to the Philippines to manage his


Yu, Chu and many other influential SOE

managers began to abuse power when they approached the retirement age
of 60, their fall has been called the "Age 59 Phenomenon" in China. One
common

explanation

managers

receive.

for the phenomenon

points to the low pay SOE

In addition to their low pay, SOE managers also face two gaps. One is
between their legal income and that of private businessmen of similar
the People's
Republic of China remained a highly
for
the
first
three
decades of its history, more recent
egalitarian society
economic reform has led to the emergence and widening of the income
gap. According to Forbes, the total assets of the Top 50 richest persons in
background.

While

mainland China in 2001 amount to US$13

billion. And the richest family


Liu
peasant entrepreneur
Yonghao and his brothers, is
reported to own assets totalling US$1 billion." Although SOE managers
are usually better educated and trained than private entrepreneurs, their
legal income only accounts for a tiny portion of that of the latter. Under
on the mainland,

these circumstances, it is not unexpected that some SOE managers will feel
that they are treated unfairly by the state.
The other gap facing China's SOE managers is the one between their
legal

income

and

the

enormous

economic

resources

under

their

control.

One objective of China's SOE reform is to reduce government intervention


in SOE operation and to allow managers to enjoy a high degree of
autonomy when making managerial decisions. To achieve this end, the
state has continuously decentralized decision-making powers to SOEs. As
a result,

SOE

operation,

management.
transferred

have

managers

gained

including
As

enormous

control

over

almost

every

procurement, production,

result,
resources

the

decentralization
from

government

critical

aspect

of

sales, and financial

process
control

has
to the

actually
hands

SOE

of

managers. This has directly increased their expected benefits from


corrupt practices, if they choose to abuse their newly gained power.

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An Empirical

Study

within

of Corruption

China's

State-owned

65

Enterprises

The three factors mentioned above have jointly provided some SOE
managers with strong incentives to engage in corruption. Thus far, we have
reviewed the economic interests of SOE managers and how they play a role
in the cost-benefit calculations of these managers. In fact, SOE managers
also need to take their political interests into account before they decide to
abuse their power. Because appointment and promotion of managers is
carried

out by government
whether

question,

or

not

that oversee

agencies

continue

can

managers

in

the enterprises
themselves

enriching

depends heavily on their personal relations with their superiors. As long


the

relations

remains

close,

can

managers

to stay

expect

in office,

or

be

promoted, even if their performance is very poor indeed. For this reason,
SOE managers have spent substantial time and resources on pleasing their
superiors, including sending bribes and facilitating the corrupt deals of the
latter. As a result, the appointment of many incapable and/or apparently
corrupt mangers to leadership positions at other SOEs, or even their
to

promotion
workers'

complaints

about

The record-breaking
the Shenyang Passenger
During his tenure, Xia
embezzled
He

even

is

positions,

government

their

poor

occurrence,

frequent

and

performance

despite

corruption.

case of Xia Renfan, former general manager of


Transportation Group, is a very good example.

million for himself,


RMB8.34
appropriated
RMB 18.38 million, and received bribes worth RMB668.314.

owned

a private

villa

that covers

of 210

an area

acres,

over

costing

RMB20 million and taking three years to build. To secure his position and
to be promoted, Xia repeatedly bribed the then mayor of Shenyang, Mu
in
and RMB50,000
a watch worth RMB90,000,
Suixin, with US$30,000,
cash. Mu then strongly recommended Xia to be appointed as the director of
the Shenyang Transportation Bureau, but his proposal did not go through
because

of the resolute

resistance

of all

the leaders

of the Bureau.

then

The

director of the Bureau even resigned voluntarily to show his opposition.


workers in Xia's
reported his
group have repeatedly
Although
wrongdoings

to anti-corruption

agencies,

the

latter

could

take

no

action

because of the interference of Mayor Mu. It was not until Mu himself was
caught in early 2001 that investigators could officially start to process
Xia's cases.12 Xia was finally prosecuted on four criminal charges.
This case shows how a corrupt relationship between SOE managers
and their superiors can secure their position and power. Thus, generally
speaking, managers need not worry very much about their political future
as long as their superiors still trust them and the and-corruption agencies
do not have solid evidence to prove they are corrupt. As long as their

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66

Wenhao

Cheng

political status is secure, managers have a relatively stable context in which


to cash in on their managerial power. Add to this the low pay that they
receive, which makes them feel that they have nothing to lose, and the
combination
of all these factors leads to the intensification of their
incentives

How

to corruption.

Could

General

Abuse

Managers

Their

Power

Successfully?
Incentives

to corruption do not equal real corrupt activities. Thus, after


the
reasons why strong incentives develop for general managers
studying
to abuse their power, it is logical to consider how the managers could abuse
their power successfully. My answer to this question consists of three parts.
First

of

all,

general

had

managers

more

resources

to

steal

after

the

economic

reform started. Second, SOE reform has granted them more


autonomy in managing and distributing these resources. Third, they have
identified ample opportunities for corruption and created even more of
them using their legitimate power. These opportunities, combined with
their managerial power, have made possible large-scale corrupt practices.
I will address the three points one by one in what follows.
Increased

Resources

Although the SOE


sector,

many

sector as a whole has declined in relation to the private

state-owned

enterprises

currently

own

many

more

fixed

assets and circulating funds than they did before the economic reform
started. For most of the pre-reform years, SOEs were forbidden to keep the
profits that they made. Instead, they had to turn in almost all of their profits
to the

government

and

apply

for

funds

when

they

needed

to spend

them.

SOEs

were at one point allowed to make decisions freely on purchases of


less than RMB200 only. For any purchase larger than that, they had to seek
the approval of the relevant government agencies.13 Thus, the financial
freedom of SOEs was extremely limited during that time.
Such a tight financial control imposed by the government greatly
limited the autonomy of SOEs to operate and make decisions. Having fully
of this problem, in 1978 the state
recognized the negative consequences
began to experiment with some new financial arrangements between SOEs
and

the government.

were allowed

Under

the new

arrangements,

state-owned

enterprises

to keep a small portion of the profits they made.14 In 1983,

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An Empirical

within

Study of Corruption

China's

State-owned

the state furthered the reform by converting profit submission


contribution.
taxes

based

In
on

other

SOEs

words,

state-set

could

instead

rates,

of

now

keep

turning

in

67

Enterprises

the
most

profits
profits

into tax
and
to

pay
the

government and then letting the latter decide if they could use some of the
funds for certain purposes. This reform has greatly increased the financial
resources that SOEs

can keep, manage and spend.


have another important source of financial resources: bank
credits. Because China's national banks favour state-owned firms when
SOEs

issuing loans, a substantial portion of the total loans they made went to
SOEs. Until 1993, industrial and commercial SOEs received about half of
all the loans issued by China's major financial institutions each year.
Although the percentage has continued to decline since then and was only
35% in 2000, the absolute amount of the loans SOEs receive is still
increasing.
The consistent inflow of bank credits, combined with the profits that
SOEs can keep for themselves, have substantially increased the financial
resources available

to SOEs.

Meanwhile, the total fixed assets of SOEs


have also grown steadily, owing mainly to the investments they have made
repeatedly in equipment, production plant, etc. Figure 6 reflects the robust
increases of both SOEs'
Increased

resources

circulating funds and their fixed assets.


have

clear

implications

for the corrupt

practices

of

Figure 6

Sources:

Zhongguo

tongji nianjian

1993 (China

Statistical Yearbook,

1993), p. 430; and China

Statistical Yearbook, 1994-1999.

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68

Wenhao

Cheng

SOE

When the enterprises they lead now own


general managers.
funds
of
millions
and valuable fixed assets, in theory general
circulating
managers have many more things to steal or trade with outsiders. The only
problem which remains is how they could manage to do so. Unfortunately,
it is relatively easy for general managers to graft and embezzle those
resources,

because

they have a virtual monopoly

of various managerial

powers.

Power

Expanded

Before the economic reform started, state-owned enterprises were tightly


controlled by the state. Under the central planning system, SOE managers
could not independently decide whom to hire, what to produce, or the
selling prices of their products. Instead, they always had to obtain approval
from the relevant oversight agencies before they could implement any
plan.
The state also took over most of the critical activities of enterprises.
For instance, it was responsible for supplying raw materials, selling all
products, setting prices, appointing staff, and even setting salary levels.
Under these circumstances, the limited power of general managers was
further restricted to the internal management of the enterprises, and it did
not enable them to interact with the outside world. In other words, they
were simply not able to touch the most lucrative activities of the
enterprises, let alone benefit from them.
Such controls inevitably made China's
Because

the

finally

state

took

care

lost the incentive


had

problem

economy
negative

bothered

of almost

to innovate

China

for decades

were officially launched


caused

consequences

SOE

sector very stagnant.


state-owned

everything,

and improve
before

the

enterprises

themselves.

reforms

of the

This
urban

in 1984. Having fully recognized


state

by heavy

control,

reformers

the

decided

to

gradually reduce government interference in SOE operations. The first step


was to increase the freedom of SOEs to handle their financial resources.
But

reformers

soon

that

recognized

in

order

to

convert

SOEs

into

real

enterprises that could operate independently, they had to decentralize more


decision-making

decisions.

power

and

let

enterprises

themselves

make

most

major

The Law of Industrial State-owned

into force in 1988, granted SOEs

Enterprises,15 which came


the legal right to make critical decisions.

In

drastic

1992,

the

state

decision-making

made

another

move

by

decentralizing

fourteen

powers to SOEs.16

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An Empirical

Study

within

of Corruption

China's

State-owned

69

Enterprises

powers relate to almost every important aspect of


SOE operations, including hiring, purchasing raw materials, producing,
setting prices and salary levels, managing the funds they retain, and
These decentralized

the right to resist wilful

making investments. The state also granted SOEs


on

interference

the
even

Although

part

of government

agencies.

government

agencies

now,

still

to

try

retain

some

operations, the decentralization has in fact increased the


of
SOEs
substantially. It is undeniable that they now enjoy more
autonomy
freedom than they did two decades ago.
control over SOE

But progress in this realm has come at a great price. There is nothing
wrong with the decentralization of decision-making powers per se. But the
problem is that although in theory, it is SOEs that gain those powers, in
that

of the powers

were

went

decentralized

to SOE

reality

most

Because

general managers assume the main responsibility for managing


they found that their personal powers were suddenly expanded.

SOEs,

managers.

of personal power was not


such a drastic expansion
by the establishment of an effective supervision system. On

Unfortunately,
accompanied
the

one

both

hand,

and

government

control

party

the

over

SOEs

were

intentionally by the reform measures mentioned above, and


general managers could also use state stipulations to resist supervision
from above. On the other hand, democratic management of SOEs, which
weakened

law envisioned, has not been achieved. Thus, the old supervision
system receded before a new one could rise to fill the power vacuum. As
a result, general managers not only found their personal power had

the SOEs

expanded drastically, they also recognized that they enjoyed great freedom
in using (and even abusing) their newly gained powers. When an effective
system of checks and balances does not exist, rapid decentralization will
inevitably lead to disaster.
To

enterprises
do

they

a better

serve

their
the

own

control

interests

first,

the

most

and

morality

do.

the

power
But

(and

important

enables

them

to

who

prefer

to

to those

decentralization

has

process
the

also

to the

commitment

a real

of managerial
otherwise

could

they

over

have

expansion

manage,
than

job

them

that

managers

general

most

granted

profitable)

transactions of their enterprises. To them, abusing power for personal gain


is not only a real possibility, but also relatively easy to do.
In a typical Chinese
They

are

procurement

management,
involve

transfer

five types of activities are very profitable.

SOE,

materials

of raw

construction,
of resources

and

asset

of high

and

equipments,

sales,

financial

All

of these

activities

management.
value.

Therefore,

general

managers

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70
can

Wenhao

either

steal

non-monetary

and

embezzle

resources

for

the transferred

funds

bribes.

7 describes

Figure

Cheng

or trade

directly,
the

other

relationship

between the five activities.


Figure 7

Construction

Procurement

Financial

Sales

Management

Asset Management

As we consider the five types of activities, we might wonder which


ones

are

more

prone

to the corrupt

activities

of general

I found

managers.

that among the 117 corrupt general managers I studied, 85 abused their
financial management power; 21 abused their procurement power; 20
profited by misappropriating assets of the enterprises; 18 received bribes
for granting

construction

contracts;

14

made

corrupt

deals

in selling

the

products of their enterprises. Figure 8 shows the number of times that the
above

powers

were

abused

by general

managers.

Figure 8

Sales

Construction

14

18

Asset Management

20

Procurement
21
Financial

Management
85
20

40

60

80

Number of Cases

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100

An Empirical

Study

within

of Corruption

China's

State-owned

71

Enterprises

According to my calculation, 25 out of 38 cases of corruption practised


by ordinary workers, 19 out of 49 cases where it was practised by directors,
and 85 out of 117 cases where general managers were implicated, involved
corrupt activities in the financial management process. All in all, financial
management is the most vulnerable part of SOEs.
This is not difficult to understand. Financial management always
involves a large flow of cash, so stealing from it often lead to enormous
benefits. The poor financial management of many SOEs has made it
relatively

for general

easy

In a narrow

to do

managers

financial

sense,

so.
means

management

the management

of all

the financial resources of an enterprises. But in a broad sense, it includes


such activities as revenue collection and expenditure. All of these activities
to a unified process that keeps the "blood"
of an enterprise
describes
9
the
the
three activities
circulating. Figure
relationship among
mentioned above.
belong

Figure 9

Revenue

Management
Financial

Expenditure

Management

System

General managers hold the most power in managing the financial


resources of the enterprises and tightly control the three stages mentioned
above. I further examine the exact location of the corrupt activities within
the process. Although not all case reports provide enough information to
support this classification, I did obtain some rough findings. I found that
among the 85 cases, 11 involved corrupt activities in the revenue collection
process, 28 in the spending process, and 14 in both of them. Thus, it seems
SOE

is most

spending
Let

cite

us

managers

managed

payment

collection

commodities,
Sometimes
Financial
expect
much

to steal

to

examples
funds.

public
Since

process.

takes

to pay.
need

several

of the

personnel
buyers

concrete

there

is

how

demonstrate

It is relatively
a

easy

market

buyers'

general

to do

so

at the

for

most

payments often lag behind the delivery of goods or services.

it even

buyers

to corruption.

prone

some

And,

to pay,

months

enterprises
most
because

for the sellers


often

importantly,
selling

do

not

they
prices

to receive
know

often
are

payment.

when
do

only

not

they
know

known

can
how

to the

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72

Wenhao

Cheng

who negotiated the deals. In most cases, it is corrupt general


managers who tightly control the most lucrative selling activities.

people

General managers can abuse their financial management power in


several ways. A high-risk strategy is to graft some or all the proceeds of a
business transaction. But there are also other strategies that involve less
risk of discovery. For example, general managers can list prices which are
much lower than the real ones, when they register the deals with their
enterprises. They can pay the enterprises the sum cited at the prices they
and

declared

the

keep

for themselves.

rest

Because

general

are

managers

persons in SOEs, and also because they can both


promote employees and remove them from their current positions, few
financial personnel dare to question their activities. This has paved the way
for general managers to employ different strategies.
the most powerful

Let

us cite

one

concrete

Ruan

example.

who

Yongming,

was

once

the

general manager of the Huanzhu Hotel in Hepu County, Guangxi Province,


bought 44.8 acres of land through a subordinate company of the hotel at a
cost of RMB620,000.
He then sold the land for RMB13.6
million. Ruan
asked someone to use a false account to forward only RMB6.1668
million
to the account of the company and distributed all the profits that were left
to others. Ruan himself took as much as RMB2.2195
million.17 In this
case, because only Ruan and those who were directly involved in the
transaction knew the price, outsiders (including the financial personnel of
Ruan's company) simply did not know how much revenue the transaction
had actually

Such

generated.

a situation

of information

asymmetry
provided great opportunities for Ruan to hide large amounts of revenue.
There are more corrupt opportunities associated with the spending
activities of SOEs. Because it is general managers who make or approve
major
strategy

that

deserve.

For

from

decisions,

spending

the

often

they

instance,

they
use

enrich

can

they

use

more

false

actually

in various

themselves

is to receive

they
than

enterprises

can

of a refund
to get

receipts

spent.

Because

than

ways.
they

a greater

sellers

and

One
really

refund
service

providers would be willing to do almost anything to secure their business,


in many cases they can provide false receipts with increased charges for the
purchases.

can

Buyers

then

present

the

receipts

to the

finance

department

of their enterprises
for refunds. General
have inherent
managers
in
in
this
since
are
the
ones
who approve
manner,
advantages
cheating
they
major spending
receipt,
refund

approve
the

activities.
the

expenses.

They can purchase

purchases
Because

and
they

then
can

order

something, obtain a false


the

complete

finance
all

department
these

activities

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to

An Empirical

Study

within

of Corruption

China's

State-owned

73

Enterprises

themselves, they deem it a relatively effortless and safe way to steal public
funds.
For instance, Wei Wei, the then general manager of Jianyin Liquefied
Petroleum Gas Corporation of Hebi, Henan Province, purchased 450 gas
containers at a cost of RMB60,300
for his company in October 1994. He
managed to obtain a false receipt, which showed that the total expense was
Wei then got a full refund from the finance department of his
RMB81,000.
from a single transaction. Wei was
company and easily made RMB20,700
emboldened
the

next

by his success and stole public funds three more times within

year.18

with stealing public funds directly, embezzling

Compared
sometimes

lead

to more

benefits

with

fewer

risks.

One

them can

common

strategy

employed by corrupt general managers is to take public funds out of the


bank accounts of their enterprises, invest them in lucrative activities that
can bring them quick money, and then return the public funds to the
finance department of the enterprises. According to Chinese criminal law,
the maximum penalty for embezzlement
is 10 years imprisonment. By
contrast, serious graft crimes can result in life imprisonment and even the
death penalty. Thus, many general managers prefer embezzling public
funds to outright theft. They have taken full advantage of the "penalty cap"
mentioned above by embezzling
not keep permanently. Among

huge amounts of money, which they dare


the 1 17 cases of corruption by general
embezzlement
and 57 involved graft. But the

managers, 46 involved
embezzlement cases involve RMB21.2586

million on average, six times


more than the average amount for graft crimes (RMB3.0324
million). This
that

proves
general

the

"penalty

managers

for embezzlement

cap"

to convert

amounts

large

even
of public

encourages
funds

into

corrupt
their

own

milch cows. As many corrupt officials proudly claim, "You will remain
safe as long as you have not put public funds into your own pocket."

Ample Opportunities
In

the

above

we

section,

have

studied

how

general

managers

themselves by misusing their managerial power. Besides


that

they

obtained

as

result

of

SOE

reform,

general

enriched

the broad power


managers

can

facilitate their corrupt endeavours by utilizing and even creating many


opportunities for corruption. Some of the opportunities are system-given,
while others were created by general
power.

Because

there

are

various

types

managers

using their legitimate

of opportunities

for corruption

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in

74

Wenhao

Cheng

every aspect of SOE operation, I will cite only two, to show how they
emerged and how they facilitate the corrupt activities of general managers.
One typical opportunity for corruption that the system provides is the
lack of official rules regarding the most lucrative transactions of SOEs. For
instance, until recently, there was no rule that required SOEs to award
construction contracts through running a public bid. Similarly, there was
no rule to define how these enterprises should purchase goods and services.
When there is no rule to follow, general managers are not violating a rule
when they make deals with suppliers that can offer the highest bribes, even
if the prices the latter charge are much higher than the market level. Not
until 2000 did the state introduce a few guiding principles for the
procurement activities of SOEs.
General managers themselves often create opportunities for corruption
using their legitimate managerial power. One example is the so-called
"family control" (jiazu kongzhi). Family control means general managers
tighten their control over the operation of their enterprises by appointing
their family members, relatives or close friends to critical management
positions. In this way, general managers and their appointees form a
corrupt closed circle and can do anything they wish without being noticed
by outsiders, including
ordinary workers. When heads of various
all belong to a patronage network, any check and balance
arrangement will collapse. For instance, to remove the obstacles to his
the former general manager of the
corrupt practices, Li Hongmei,
departments

Glass Factory in Shandong


Province
trusted
Pingshang
appointed
subordinates
to critical positions
and let them control financial
management, sales, production, and other important activities of the
factory. After finishing the preparatory work, Li then began to abuse his
His

power.

rampant

corruption

finally

drove

the

big

that

factory,

once

owned RMB200

million of fixed assets, out of business.19


a
Forming
corrupt network within an enterprise is an effective way for
general managers to make possible various corrupt activities, especially
those

very

complicated

ones

that

need

the

cooperation

of employees

from

multiple departments. Although such networks were not given but were
created by general managers, the appointment power of the latter is the key
to their success

in doing so. Thus, opportunities for corruption basically


originate from the general managers' intentional misuse of their legitimate
powers. Once these opportunities are in place, they will build on general
managers'
most

broad

complicated

power
corrupt

and

make
practices

it possible

for them

to carry

out

even

successfully.

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the

An Empirical

Lack

Study

within

of Corruption

China's

State-owned

75

Enterprises

of Supervision

When studying the corrupt activities of SOE general managers, we should


always keep in mind that these activities all took place in the face of three
supervision mechanisms that are supposed to check the power of general
managers. These mechanisms
its workers'

question,

are the party committee of the enterprise in


and

congress,

the

government

that

agency

oversees

the enterprise (see Figure 10).

10

Figure

Related Government Agencies

SOE

Party committee

Managers
/

Workers' Congress

Discipline

Almost every Chinese


For

state-owned

example,

is overseen

SOE
food

are

factories

Inspection Commission

by one government agency.


overseen

usually

by the

local

Light Industry Bureau, and coalmines by the local Coal Industry Bureau.20
Before the beginning of the economic reform, government agencies tightly
controlled

the

of

operation

the

state-owned

enterprises

oversaw.

they

Government agencies still have great influence over them, even though the
state

has

to

managed

most

decentralize

of

the

to

powers

managerial

enterprises. First of all, they are responsible for providing guidance


regarding the overall development of the enterprises. Second, and more
importantly, they select and appoint the general managers of those
enterprises.
In

theory,
to

agencies

the

power

appointment
deter

effectively

the

alone

can

enable
of

practices

corrupt

government

SOE

managers.

Unfortunately, however, this is not what happens in practice. First of all,


there usually is a close personal relationship between agency leaders and
enterprise managers. Sometimes the relationship has been developed over
a period

sides.

of time

If managers

superiors
they
these

through

and

to secure
the

general

circumstances,

repeated

corrupt

between

arrangements

are corrupt, they will naturally


the protection
managers
they

will

of the latter.
belong
try their

to the
best

If agency
same

to protect

the

two

try to bribe their

corrupt

leaders

are

network.

the managers

bribed,
Under
in order

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76

Wenhao

Cheng

to secure their own corrupt benefits, instead of investigating and exposing


the wrongdoings of the latter.
Even when there is no conspiracy relationship between the two sides,
information asymmetry has made it almost impossible for government
agencies to monitor the behaviours of enterprise managers effectively.
Most

government

Therefore,

they

enterprises.

In

have

agencies
are
other

able

only
words,

to
they

of

dozens

monitor

the

are

able

only

to

enterprises

overall

oversee.
of the

performance

to review

the

macro-level

things, including long-term development strategies, production plans, and


the financial statistics of the enterprises. But the corrupt activities of
managers are deeply hidden in micro-level affairs, including
procurement and selling. Because
corrupt practices are hidden in the
routine business activities of the enterprises, it takes a deal of time, energy

general

and

to identify the wrongdoings


of general
patience
managers.
Government agencies simply do not have the resources and the incentive
necessary

to undertake

finally received
managers,

it has

such

credible
been

work.

When

anti-corruption

tips regarding
late.

too

In

cases,

many

completely rotted out by corruption.


Besides
their lack of resources

agencies

the wrongdoings
the

enterprises

have

of general
have

been

to monitor

the operation of the


also
face
restrictions imposed
enterprises effectively, government agencies
from above. To guarantee the autonomy of managers in making decisions,
the state no longer allows government agencies to intervene in the daily
operation of the SOEs that they lead. This has granted managers an
effective protection against supervision imposed by government agencies.
As a result, external supervision is weak, superficial and sporadic, and is
simply not able to deter the corrupt activities of SOE managers.
Can
almost

supervision
every

systems

state-owned

located

enterprise,

in SOEs
there

have
is a party

any

deterrent

committee

effect?

In

to manage

the party affairs of the enterprise. It usually contains a Discipline


which is responsible for enforcing party rules
Inspection Commission,
within the enterprise and investigating the alleged wrongdoings of SOE
managers and other staff. Thus, in theory, there is a formal anti-corruption
agency in each SOE. But in reality, the Discipline Inspection Commission
is not as effective as it is supposed to be. This is true, in general, because
the status of the party committee declined substantially in relation to that of
the managers after the economic reform began. And based on the principle
of "separating party affairs from government ones" (dang zheng fenkai),
party committees of SOEs focus primarily on such issues as party member

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An Empirical

Study

within

of Corruption

China's

State-owned

77

Enterprises

management and propaganda, instead of intervening in the management of


the enterprises. As a result, the committees as a whole, and the Discipline
in particular, do not know enough about the
Inspection Commissions
transactions of the enterprises. But it is these transactions that give rise to
various corrupt practices. Thus, party organs within SOEs face the same
as

problems

government

agencies.

Let us cite a concrete example. After the fall of Xia Renfan, the corrupt
million to build a villa for
manager in Shenyang who spent RMB20
himself, the director of the party Discipline
company said sadly:
there were

Off course
was
We

not our

not able

were

general

Although

differ substantially.

Xia's

if we

even

power

wanted

secretary

have

even

it

pay the price.


so....

to do

rank, their powesr

from the sky while

if the party

he will

manager,

had

that

thought

will

are of the same

is commanding

In reality,

we all

the law, he himself

and party secretary

to finance

But

wrongdoing.

breaks

It is as if one

of the general

from the enterprise

to Xia's

to check
manager

on the ground.

is standing
interests

clues

Whoever

business.

of his

Inspection Commission

the other

to protect

fails

difficulty

getting

the

money

party activities.21

The above testimony reflects the general difficulties facing the party
organs within SOEs when they are dealing with corrupt general managers.
In many cases, the corrupt activities of general managers lasted for several
years,

and

practices.
Inspection

even

could

workers

ordinary

detect

the

of

existence

corrupt

But it was not until prosecutorial


agencies or Discipline
of higher levels intervened that an official
Commissions

investigation could begin. This proves the inherent weakness


corruption organs of SOEs.

of the anti

In addition to the problem caused


by a shortage of accurate
information, there is another factor that can, at times, completely cripple
the function of the Discipline Inspection Commission. In many SOEs, the
general

manager

is responsible
enterprises.

is also

the head

for leading

It is common

manager

and

party

party

the Discipline
sense

boss. Thus, when the Discipline


corrupt

of the

that

no

Inspection
can

clerk

Inspection

secretary,

it can

so

committee,

he

Commission

check

Commission
do

that

the

power

or she

of the
of the

is faced with a

nothing.

The Workers' Congress is another entity that is supposed to check the


power of the general manager. According to China's law of industrial
SOEs, major decisions of the enterprise are supposed to be approved by its
Workers' Congress before they can be implemented. This stipulation

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78

Wenhao

seems

to empower

Workers'

and

Congresses

enable

to

them

Cheng

block

any

decision

that is likely to bring corrupt benefits to managers. In reality,


however, the Workers' Congress is even weaker than the Discipline
Inspection Commission, and the reasons for this are clear. First of all, the
Workers'

Congress does not hold any "real" power. It is the relevant


government agencies which are responsible for appointing the general
manager. The Discipline Inspection Commission at least holds nominal
investigative power. But, unfortunately, the Workers' Congress does not

have

solid

any

power.

In

some

extreme

cases,

even

managers

disband

the

Workers'

Congress in order to prevent any challenge to their authority.


Second, it is often difficult for the Workers' Congress to tell whether

certain decisions

made by managers will actually serve their own interests.


At times, these decisions may benefit both the enterprises and managers
themselves. For instance, a decision to upgrade production facilities will
definitely benefit the enterprise in the long run, but the construction
projects it would involve would grant the general manager a new
opportunity to make special deals with contractors. In fact, almost all of the
corrupt practices in which general managers were involved were tied to
perfectly legitimate activities of the enterprise. Under these circumstances,
the Workers' Congress will face a dilemma if it attempts to boycott
decisions
because

that are likely to bring corrupt benefits to the general manager,


doing so will definitely hurt the public interest. Moreover, the

Workers'

Congress meets only infrequently, while corruption can take


place anytime and anywhere. Thus, it is not even capable of catching up
with the new developments, let alone checking them.
In sum, although in theory there are three supervision systems that can

check

the power

deterrence.

The

of general

in reality

managers,

inherent

weakness

of

none

both

of them

internal

can
and

exert

any

external

systems, combined with the extensive managerial power that


general managers hold, grant them great freedom in abusing their power.
supervision

Conclusion
Corruption within SOEs is a classic example of how the economic reform
has both strengthened the incentives to corruption of power holders and
increased

own

many

therefore

their opportunities
more
corrupt

resources
general

inherent complexity

for abusing their power. First of all, SOEs


than

managers

of the SOE

they

did

now

in

the

have

operation

pre-reform

more

enables

to

steal

years

and

from.

The

them to hide their

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An Empirical

Study

within

of Corruption

China's

State-owned

79

Enterprises

in every routine activity of the enterprise.

corrupt practices

of

decentralization

managerial

enables

power

them

to

Second,
the

control

directly, and they can also make major


that will generate substantial
decisions
corrupt benefits. Various
those
both
for
given by the system and
corruption,
including
opportunities
of the resources

distribution

the ones general managers have created using their legitimate power,
further facilitate their corrupt practices. And the institutional weakness of
existing supervision systems provides a relatively safe environment for
general managers' adventures. It is the combination of all of these factors
that has led to the rampant corruption engaged in by SOE managers.

Notes
1. Zhang

Yan,

"Guanyu

(Some

Thoughts

Daily),

21

fu fangzhang

qiongmiao
Monks

on Rich

March

1997.

tongji

nianjian,

in Poor

de poxi

xianxiang
Renmin

Temples),

yu sikao"

ribao

(People's

2. Ibid.
3. Zhongguo
4. Beijing
5. China

News

Agency

(Beijing

Daily),

telegram

from

Beijing,

6. Jiancha

ribao

(Procuratorate

7. Jiancha

ribao,

19 October

8. Zhang

(Note

9. Justice

Net

10. Chu

October

29

7 August

Daily),

Yearbook,

1997).
2000.

12 February

2001.

2001.

1999.

1).
4 October

(www.jcrb.com.cn),
these

publicized

Lifetime

Statistical

(China
Youth

bao

qingnian

1997

when

numbers

award

of China

Achievements

2000.

he received

the Outstanding

Entrepreneur

in 1990.

11. http://finance.sina.com.en/g/20011026/121726.html
Xia

12. "Jutan

fubai

Renfan

and

Shangquan

China's

Qixian,

Yang

(Jinan:

SOEs)

Activities

Corrupt

of Xia

Renfan),

Justice

2001.

30 November

Net,
13. Gao

toushi"(The

Jinan

Zhongguo

guoyou

House,

Publishing

qiye

of

(Reforms

gaige

p. 33.

1999),

14. Ibid.
15. The

full title of the law

gongye

qiye

Enterprises
16. Most

Owned

17.

in 1992

confirmed

(Seven

Corrupt

Officials

guo
of

suoyouzhi

quanmin
China

Industrial

on

People).
were

powers
of the People's

mentioned

Republic

on the Reform

the freedom
in Hepu

gonghe

Republic

People's

But the "Stipulations

formed

December

the

by the Whole

Enterprises

in 1988.

renmin

is Zhonghua
of

of the decision-making

State-owned
force

(Law

fa

of SOEs

Grafted

RMB7

in the Law

of China
of SOE

when

it came

Management

in exercising
Million)

of Industrial

those
Jiancha

into

Style,"
powers.
ribao,

2000.

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80

18.

(Financial

19.

You

Loss

Zhang,

Control

(Family
December
20.

In 2001,
industry
some

21.

See

Exposes

Su

and

Led

a Corrupt

Manager),

Yun

"Jiazu

Cai,

to the Collapse

shi

Jiancha
guanli

ribao,
gaokua

of a Large-sized

Cheng

7 March

2001.

yijia

da

Justice

SOE),

guoqi"
Net,

27

2000.
the

state

bureaus

power
Note

Bo

Wenhao

over

decided
into

to convert

national

the enterprises

trade

the eight

associations,

within

highly

influential

but these

their respective

unions

national
still retain

fields.

12.

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