中美司法法律制度比较

中美司法法律制度比较 Jenny was compiled in January 2021A Comparison of Judicature And legal System between China and U S China and the United States are two main powerful countiesin economic and military fields in the world. Nevertheless, in the political system and social and cultural aspects, there are many crucial differences between them. These differences aretoo excessive too tremendous and too deep-going, as a result, the two counties diverge markedly when it comes to almost every international affair. We don’t have that wisdom and strengthof researching and probing those differences. That being so, let’s give it a head start in the judicial system and law.Judicial systemJudicial system of US is totally different from ours. Firstly, America’s judiciary is one branch of that three branches—the legislative branch, the executive branch and the judicial branch. Those three branches divide national government’s power into three. This division of authority is known as a system of checks and balances established by the Constitution, which is meant to prevent any of the three branches from having too much power. Each branch has certain controls over the other branches. Each branch can limit theother branches from gaining too much power. In other words, each branch of the three branches is equal to each other. It’s impossible to let one be dominated by another. So Courts in America don’t care about what the administrators think. They just make the verdict according to the Constitution and law and on the basis of evidence. But in China, the case is completely different. Inversely, China government pursues the centralization political system rather than the tripartite political system of checks and balances .Judicial system in China is not a party of checks and balances, not at all. More importantly, in order to segment and weaken judiciary’s power, status and weight, the judicial system itself has been divided into many branches, mainly the Court and Procuratorate. Courts in China is just a little department in national political system, which can be controlled and impacted by many other government’s branches, for example, National People’s Congress Standing Committee, Office of LegislativeAffairs ,judicial bureau and Law Council of various levels CPC Committee and so on. To some degree, China’s judiciary is just a mouthpiece. Laws are just reference. Leader’s written instruction or comments are real and potential criterion. So we can see that the status and importance of judicial system inAmerica are higher and more significant than it in China. What’s more, America’s judicial system is independent andself-governed, but a mighty and independent judicial system can’t be found in China. A case’s affirmation and verdict have to be directed and interfered by many individuals and organizations in China. For instance, if a government’s leader or official breaks the law and commits, the judicial department can’t accept the lawsuit and enquire him at once, before the CDIC(Commission for Discipline Inspection of the CPC) investigate his behavior and make decision that whether he should be pushed into the judicial system. If the offender is a departmental or higher level cadre, reviewing him have to be approved and ratified by the central committee of the Communist Party of China. That is to say，if a leader or official killed hundreds of people, raped hundreds maidens and corrupted hundreds millions, the courts can’t do anything to him before the CDIC confirms his atrocities and crimes even though victims have prosecuted him thousands times. Thus it can be seen thatin our country, there exists an organization which has much more power and much higher status than any other organizations. Before its rules, the laws are humble, faint and impotent. So, why do so many unjust and unequal events take place pervasivelyand constantly Why do so many innocent persons have been extorted confessions by means of torture Why do those malfeasants and noble culprits can get away unpunished beyond the arm of the law and constitution. The reason is that we haven’t a completely independent and adequately powerful judicial system to restrict and contend against other political systems or individuals.Secondly, a notable characteristic of America’s Judiciaryis its Jury system. Every court from the Supreme Court of the United States to a civic court has its own jury which is made up of 12 adults who are chosen at random from the local Electoral Register. In occidental countries, the jury plays a crucial role in verdict, while judges in a court just provide evidence and host the arguments between parties and then give the “charge”, or instructions to the jury. The jury’sverdict is based on the evidence and on the judge’s instructions as to the law. After the jury has reached its verdict, judges and the court can declare its final court decision. So those twelve jurors who are all law-blindness are the real adjudicators and decider to a case. Jury institutions make sure that a case cannot be misjudged and that an innocent person cannot be unjustly treated. It can ensure the trialjustice, fair and impartial. It can guarantee the inculpable persons can’t be sentenced improperly and mistakenly. It can prevent those corrupt officials and illegal merchants from escape of law. Most importantly, because the jury is made up of twelve ordinary citizens who are chosen at random, it can let more people know the power of law and be proficient at trial procedure. Hence the law’s concepts circulate among people diffusely and deep. By on, we can see that the jury system is on a sound footing in the United States and it is very fascinating to the public. Actually, it’s popular overseas, including in countries without jury trials, maybe even in countries without rule of law. For instance, last year, Japan introduced a jury system for the first time in major criminal cases. But in china, jury system is a remote and shadowy dream. The Chinese government’s judicial idea is absolutely different from United States’. Chinese government could not put theright of trial to people, at least not now. The reason is quite complex and hard to tell. But it is undeniable that our government has unshakable responsibility in this issue. The right of trial and even the rights of governing the country should be returned to people by practical action rather than just saying something. If we can do this, there won’t be somany undeserved persons and mistaken cases. Courts and those judges will not bend the law for personal gain too.Jury system has numerous advantages and merits. In short, not only that juries are competent decisionmakers, but alsothat the jury system is an important democratic institution. Courts need democracy too. But there isn’t any democracy in a countries’ political system, the jury system, of course, is a remote dream.Third, the two countries’ judicial systems still exist many other nuances which determine their judicial process is totally different, for example, the basic standpoint to suspects and attitude of treating criminals. The American judiciary pursues a principle to guide the criminal court trial. That is, the accused is held innocent until proven guilty. The defendant doesn’t have to open his mouth. The court must prove that accused person’s guilt beyond any reasonable doubt. Reasonable doubt refers to the doubt that could arise in the mind of an ordinary, impartial, honest, reasonable and cautious person with reference to the accused’s guilty. The concept of holding the accused innocent until proved guilty makes sure that a case is not misjudged and that an innocent person is not unjustly treated. Even though the criminal suspect is proved guilty bycourt and finally sentenced by jury, as a man, he still hasbasic and fundamental personal rights which he deserves. He has been denied his entire or partial liberty. Or even his life would be denied. But he remains his dignity and some rightswhich God gave him and no one can violate no matter in terms of law or in terms of ethics. Its influence and meaning is far-reaching and multitunous. But in China, the situations are absolutely different. Rather than America’s principle of innocence until proven guilty, China pursues a contraryprinciple to guide the criminal court trial. The principle isthat the accused is guilty unless he (she) can prove his (her) innocence. A suspect, who are just suspected guilty, if he (she) can’t prove his (her) innocence and purity, would beadjudicated breaking the law or be sentenced guilty by court.So in China, policeman can arrest any individuals in street randomly and then transfer him (her) to the judicial administration. The individual can be you and also can be me. Mostly, before transferring to court, the individual has been tormented with some inhuman methods. It is clear to him (her)that he can’t fight with some powerful persons and the authorities. What he (she) can do is admitting the guilt which doesn’t belong to him (her). He may also be punished just bythe police without any judicial procedure. In China, policeman’s role is very embarrassed. Policeman not only acts as executor to perform the law and policy but also assume some judicial responsibility and has some judicial power.比如说，警察可以随便抓一个人去劳教所work camp让他劳动改造reform criminal through labor，而这改造可能是几个月，也可能是几年。