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The U.S. and Chinese Criminal Justice Systems Assignment
The U.S. and Chinese Criminal Justice Systems Essay
Derived from and based on different legal systems and political ideologies, the Chinese and US criminal justice systems are different in various ways. For instance, whereas the US criminal justice system is an adversarial system based on common law with strong constitutional safeguards against the violation of individual rights, the Chinese legal system is an inquisitorial one with limited guaranteed rights and liberties. Moreover, while the US criminal justice system is a unified and dual system in which there is interdependence between state and federal justice systems, the Chinese criminal justice system is not a unitary one since all legal power is centralized (Miao, 2007). These differences are partly due to the fact that China is a socialist and communist system while the US is a capitalist economy which follows the British common law system. However, despite these differences, the two criminal justice systems are similar in that both have a similar aim of ensuring justice and fairness, resolving disputes, and preventing or controlling crime by punishing antisocial behavior. Also, both systems are composed of a court system, law enforcement agencies, and correctional facilities. This paper compares and contrasts the Chinese justice system with that of the United States by addressing the issue of substantive law, procedural law, judicial review, and policing systems.
The substantive law refers to the aspects of a legal system or a system of laws that regulate individual behavior and how people should relate to each other and with the state in the society. It also defines the legal rights and duties of every member of society. Where an individual has been accused of having committed a crime, for instance, the substantive law defines the type of crimes they should be charged with, any defenses available to them, their rights, and responsibilities. Further, in a civil lawsuit, the substantive law refers to the elements of the case or the substance of the case and defines which area of law should be applied by the court. ..................GET A PLAGIARISM FREE COPY