The Chinese offender’s modus operandi is fundamentally different than in the method used between Chinese and American jurisprudence. China’s legal classification is a civil law entity, as to a common law entity, it only has statutory law, not case law. Judges' adjudication is normally not associated with dictated legal assumptions accounts for their interpretation. Also, judicial adjudication does not have legal authoritative obligatory precedence outcome on other proceedings (Belkin, Ira, 2000).
Most delinquent misdemeanors in China are cross-examined by the Public Security Bureau; they are part of the executive branch of government. Delinquent misdemeanors that are executed by government agents, bureaus and employees, are cross-examined precisely by the Procurator. Under Chinese law, the police have the consideration in deciding any judicial procedures, to send a person to administrative incarceration for up to three years. According to Belkin, Ira; “in 1997, some 230,000 people were held in such labor camps throughout China” (Belkin, Ira, 2000).
China’s criminal justice system is decided with long periods of investigative apprehension, a much higher amount of affirmations, authoritative amends that are equivalent to confinement without an arraignment. Criminals don’t have any rights to disallow cross-examinations, they don’t get to use probability of incorruptibility, and they don’t have a right to approach their informer or to coerce a witness to attest in their exoneration. Their legal right to an attorney is notably controlled in the investigative juncture of litigation and, even though there are rights to have an attorney at arraignment that right is encompassed by the inadequacy of pre-trial ascertainment and the...
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...erson, 2013).
In my opinion I feel that the United States is superior, because each person is given an opportunity to testify their innocence, and when it comes to the laws of the courts each American goes in front of a jury in most cases to get tried and convicted not the police in deciding to put you in jail for three years and deciding an American’s fate. I believe I saw on the news an American was held captive in China and put in prison without a trial. At least if an alien would come to the U.S. they would have the same rights to be tried in our Court of Law.
Works Cited
Belkin, Ira (2000). China's Criminal Justice System: A Work in Progress. Retrieved from http://www.law.yale.edu/documents/pdf/Chinas_Criminal_Justice_System.pdf Gardner, T., & Anderson, T. (2013). Criminal evidence. (8th ed., pp. 2-20). Mason, Ohio:
Cengage Learning. DOI: www.cengage.com
In the Chinese detective novel, Celebrated Cases of Judge Dee, a view into the Chinese judicial system during the Tang dynasty is provided. After reading the novel, one finds that the Chinese judicial system worked in similar but also in different ways compared to modern day judicial systems around the world. In order to notice this correlation, this paper will analyze the responsibilities and measurements the judge had to undergo in order to solve the crimes that occurred in his district. The judge or magistrate during the Tang dynasty had a lot of power, “this government official united in his person the functions of judge, jury, prosecutor and detective” (IX). Judges had full responsibility and authority over all phases of the life of the
In by reading the Celebrated Cases of Judge Dee, I gained a perspective of the people and culture of China. This book showed the analysis of Chinese saw and the background of Chinese history.
Today, China is ranked as the nation with the largest population in the world. It is also a fact that China is amongst one of the countries whose economy is growing at a very rapid rate. It is quite imperative to note that capitalism has been the dominant in this nation, which enables it to not only strengthen, but also capture great regional as well as global influence. Even though China has been rediscovering its ancient tradition elements whilst repackaging them to be in line with modernity, it is evident that the visions embraced are very different from the ones in the West. The Celebrated Cases of Judge Dee is a perfect publication that sheds light to the reader on the various social, political and moral issues that existed in China decades ago and the ways of resolving them. Comparing the legal issues in China decades ago, a thin line can be drawn. This is inherently because nothing much has changed in terms social, political and moral perspectives. The celebrated cases of Judge Dee borrow a lot from the Chinese culture, which defines the standard morals and values for its people. Consequently, the legal system in this nation appears to rely wholly on the defined moral standards in reprimanding wrongdoers.
In order for one to understand the criminal justice system, it is important to study both the criminal law of one’s own country as well as surrounding countries. By engaging in comparative criminal justice studies, one can expand this knowledge through the discovery of similarities and differences in the structure of criminal justice agencies of various nations or states. There are a multitude of factors which could contribute to the differences in each nation’s criminal justice system. By studying the ways in which other countries operate their criminal justice system, it may be possible to learn ways in which we could better our own system. In order to do this, we can study the ways in which various court systems operate around the world. In doing so, we will examine countries with both a different and similar judicial system to ours and discover the differences in how each operates. In furtherance of understanding the criminal justice system, we will
Richard A. Leo (2008). Police interrogation and American justice. Harvard University Press Cambridge, Massachusetts, and London England pg. 196-236
The entire criminal justice system can be very frightening and even intimidating if someone fails to understand the meaning of terms used, procedures, laws, and rules (Cook, 2009). Criminal law is among the terms that have been defined differently by various sources. It is mainly concerned with a system of legal rules defining actions that are classified as crimes and the manner of which the government prosecutes people who commit crimes (Snyman, 2014). According to the chapter, some sources use it in a way that is very general that describes it as the entire spectrum of laws that deal with the criminal justice system while others use shorthand ways which terms it as substantive criminal law, which is very true.
In the Criminal Justice system, the main goal is justice or in other words, a fair consequence to match a criminal action. An obvious, yet unmentioned underlying goal is to prevent injustice. Many times, justice prevails, and this is why our system prevails today. However, when justice fails, it is key to look at the information offered in order to better the system and to repay those that have been failed by it. One area that has shown itself as flawed is the area of interrogations though many other areas will be presented throughout this paper as well. By examining five cases involving questionable interrogation and showing other system flaws, I will enlighten others as to how our justice system handles its flaws, and hopefully I will provide motivation for further improvement.
China’s policy of political imprisonment is a clear act of genocide. It is used to incite bodily and mental harm and inflict conditions of life calculated to bring about the destruction of the Tibetan people. At times imprisonment even results in death. These crimes are all accomplished under the guise of being legal in Chinese law. A statement made by Amnesty International in 1996 cites these abuses:
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
Leo, Richard A.. Police interrogation and American justice. Cambridge, Mass.: Harvard University Press, 2008. Print.
Champion, D. J., Hartley, R. D., & Rabe, G. A. (2012). Criminal Courts: Structure, process, and
ICL Document, (1988) . ICL- China Constitution: Retrieved March27, 2001 from the World Wide Web: http://www.uni-wuerzburg.de/law/ch00000_.html
In the United States of America today, prison life is becoming worse as the years pass by. Offenders are steady re committing crimes even after initial release from prison. This has become a huge problem for the government of The United States of America and all of it’s residents. We must take different approaches to the way we imprison our inmates so that after their sentence is done, they are less likely to become a repeat offender. Different countries around the world, like China and the Phillipines, use different tactics to make sure that their prisoners are less likely to return.
Members of The United Nations have a duty “to maintain international peace…in conformity with the principles of justice and international law.”[1] China, a core member of the United Nations since its formation in 1945, fails to comply with international human rights’ norms set forth by The United Nations Charter. This failure is noticeably prevalent in the practices of the Chinese Legal System. Its judicial proceedings in handling peaceful, political dissenters fail to provide the minimum protection of human rights guaranteed to all through international law. By examining accounts of Tibetans detained for such peaceful protests, this paper will set out to highlight the discrepancies between Chinese enforcement of international law in theory and in practice. Before this paper goes any further, the notion of international law must be explained. Providing a better understanding of international law will make easier the task of highlighting China’s struggles with enforcing such standards.
The majority of people in the society have a preference to the crime control model over the due process models because of its ability to be a quick and efficient process. This happens because the crime control model orbits around the assembly line, resorting to being quicker and more efficient compared to the due process models. However, its justice in most cases is questionable according to evidence from the societal concerns. On the other hand, People resist the due process models because they take a long time to operate and are difficult to apply in many cases (Levrant, 2009). This aspect of the due process models of consuming too much time makes people go for the other model even though its fairness is not trusted. This document therefore will focus on the areas the two models differ, show similarity as well as propose a ...