Essay Title: 

Comparative politics

March 24, 2016 | Author: | Posted in political science, social sciences

Comparative Justice and Politics

The United States and China

On the surface , the justice systems of the United States and China share some similarities . For example , a warrant must be obtained before police can conduct a search in both countries . The vastly different political systems , however , create justice systems that in practice are more different than alike

There is some desire within China to reform the justice system as China emerges as a world economic power . There is a long way to go , though Ironically , although China is an old country [banner_entry_middle]

its judicial system is relatively new . Conversely , America is still a relatively new country but its judicial system is well established

Political Backgrounds

The United States was essentially formed by political exiles . These were people in search of new freedoms . The laws they created reflected this desire . A primary focus of American law is on protecting the rights of the individual . In a democratic society that is a somewhat flexible concept . The framers of the constitution , recognizing this , put into place a number of bedrock concepts of individual freedom . These cannot be violated in spite of changing times and opinions on criminal justice These individual freedoms are what make for a better overall society

Chinese law prior to 1949 was a product of the many dynasties that had existed since ancient times . Laws and punishments varied widely in different areas of the country . The Maoist revolution in 1949 established a much stronger central government . In contrast to the United States , the focus of the communist government is more on the good of the overall state as opposed to the good of the individual

The communists abolished all dynastic law upon taking power , but did not replace it with a fully formed judicial system . Criminal procedure laws were not adopted until 1979

The Chinese Justice System

In the communist framework , the judicial system is seen as a tool of the state to maintain . According to Guo in World Factbook of Criminal Justice Systems

The legislators .view laws , especially criminal laws , as the tool

Of the ruling class [the state] to be used as a coercive force to

Repress the ruled (2006

The goal is the institution and reinforcement of communist ideology . The police are essentially part of the armed forces of the country . The central government maintains a strong guiding hand over the provinces Therefore , the laws are the same countrywide

The law gives certain rights to the individual , but critics argue that the state has many ways to circumvent such laws . Defendants are entitled to a lawyer , but not necessarily at all stages of the judicial process The defendant may , or may not , have access to the evidence against him before trial . The convicted are granted an appeal , but the process is extremely protracted , according to The Washington Journal of Modern China

There is a right , of dubious effect , to challenge the decision in court

After it has been imposed . This judicial remedy ‘ takes so long

However , that… [banner_entry_footer]

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