Comparative Criminal Justice Systems

A Comparative Criminal Justice Systems

Introduction to Criminal Justice

The science and study of that branch of law which deals with criminology and the practical application of rules governing justice and criminal attitude is known as the c criminal justice. The individuals who learn criminal justice mostly consist of those persons who either aspire to join police. a judiciary faculty or to adopt the profession of a lawyer. Some people study criminal justice to support for amends within the system of criminal justice, for example those who submit decisions concerning current laws, like member of Supreme Court. It is, therefore, very important that the criminal justice system take account of the word justice because the laws implemented to those guilty of crimes must be fair and just.

According to the people of most countries justice also refers not simply to the fair trial, but also to the just revenge for victims of an offense, such as, seeing a criminal locked up. Criminal justice is always a target. Every one concerned in the arrest, trial, security or judgments of a suspect try to be fair. This objective is not all the time achieved though, accounting for the flexibility in the implementations of regulations, the changes to laws that are unjust, and the judiciary authority of explanation. (Tricia Ellis-Christensen, n.p.n.d.)

Criminal Justice System in China

Almost thirty one zones, independent areas and towns mostly in control of the central administration, China is transnational, multi-ethnic socialist republic. In the republic of China, there are also towns, municipality and independent organizations working straightly under these regional and independent local boards, which estimated in 1991 four hundred fifty eight. There are provinces and city districts which estimated 1,904 in 1991 are situated inside these urban areas and sovereign regions. Criminal justice system of China includes: 1. Police. 2. Procurators. 3. Courts. 4. Correctional organizations. Resting on the central position, the bureau of justice management and the department of public protection control China’s law enforcement agencies like police and correctional organizations in that order.

In the republic of China the Supreme People’s Court is the uppermost legal organization. With tribunal as its major purpose, the Supreme People’s court is the chief country’s area office of legal administration. To perform their individual responsibility in their own control, the law enforcement branches or agencies, the justice institutions or departments, judges and benches at several levels are formed. (Jianan Guo, n.p.n.d.)

The justifiable system of China is generally Marxist. In the opening article of Criminal Law the same as acknowledged, theory of Marxist-Leninist-Mao Zedong are the vital rules of the current law. The lawmakers in China observe laws, particularly criminal laws, like the way of the ruling category, to be implemented as a use power to repress the ruled. The illegal law corresponds to the interests of the ruling personnel, which distinguishes several act as crime. To ensure the correct and efficient enforcement of the law, in legal activities, public protection branches, public’s procurates and public’s courts have a distribution of labor with divided tasks and checks and balances. (Jianan Guo, n.p.n.d.)

The municipal protection branches are liable for the inquiry, imprisonment, and elementary assessment of criminal cases. The public procurates are accountable for supporting arrest, performing procuratorial job and starting public prosecution. The public courts are answerable for intercession. The lockup and other places of improvement from labor are legitimately accountable for punishment implementation. To implement their power no other local office, union, or person has the right. An unofficial justice system and the public disputes in the justice system do play a significant part. On the other hand, simply criminal cases of personal tribunal can be established from intercession in the court. (Jianan Guo, n.p.n.d.)

History of Criminal Justice System of China

In history of China’s criminal justice system, each dynasty had their own written orders and regular laws consist of their criminal law. Well known earliest illegal statutes includes:The Yuxing criminal laws of the Xia DynastyThe Tandxing criminal laws of the Shang DynastyThe Jiuxing criminal laws of the Zhou DynastyThe Qinlu laws of the Qing Dynasty,The Hanlu laws of the Han Dynasty,The Tanglu laws of the Tang DynastyThe Daminglu criminal code of the Ming Dynasty,The Daqing luli criminal code of the Qing Dynasty.Among these empires the general attributes was their illegal justice methods that was organized by government personnel. In 1949, with the foundation of Modern China a new organized political period was established in the five thousands year’s history of the people republic of China. In China when the communist party came into rule for the first time, their main object was to eliminate the laws performed by the previous rulers and amended them by adding new laws. The fresh administration initiated to form a socialist law process and cancelled the previous six laws like Civil law, criminal law and the new rulers started to build a socialist law process. At the National People’s Assembly in 1954, the bill of constitution of the PRC was executed as the chief lawmaking organization of the state. Criminal Law, Civil Law, Criminal Procedure Law, and Civil Procedure Law were changed and new laws were organized and frequently improved. In 1966 The Cultural Revolution started in China and destroyed the route of law structure. In 1978, the Chinese Communist Party made a decision to terminate the Cultural Revolution movement and put big importance to the law of socialist democratic system and on the consistency of this legal system.

Guo Xiang, n.p.n.d   (Wu Zongxianm, n.p.n.d)

In 1982, changes in the law of China were adopted and the resolution of the active board of the National People’s Assembly concerning the ban of drugs was conducted. The illegal process act of the People’s Republic of China was also implemented at the same session in 1979.To enforce its first laws, it took thirty years for the People’s Republic of China to help judges to try the people who committed crime until 1979 there were no legal values. Some more twelve changes to the illegal law have been implemented by the people of national assembly. In 1982, changes in the law of China were adopted and the resolution of the active board of the National People’s Assembly concerning the ban of Drugs was conducted.

Wu Zongxian n.p.n.d)

Treatment of Female Criminals in China’s Criminal Justice System

Three thousand and twenty three lawmaking official support institutions had been started in China by the end of 2004.Additionally, the Chinese administration also encourages NGOs’ works to arrange hotlines to secure women’s rights and legal meeting centers to give legal support and related services for women.China is currently occupied in its fourth five-year promotion movement .pressurized in the encouragement behaviors and for the rule on securing these laws:

The rights of women

Population and Family Planning Law

The Labor Law

The Marriage Law

Law on Rural Land Contracting

These laws were directly linked to the women’s right and benefits.

(Gender Equality and Women’s Development in China , n.p.n.d.)By anybody and in any type all these laws prohibit violation against women

The general rules of the civil law

The criminal procedure law

The marriage law

Criminal law

The Law on protection of rights and interests of women.

Legal practice and legislation both force those persons who committed violation against women must be punished. In recent past years, in some areas local statute banning domestic violence have been performed, and in the end of 2004 some twenty-two districts independent areas , towns directly under the central management and had created such system, rules and actions.

(Gender Equality and Women’s Development in China , n.p.n.d.)Moreover the Chinese administration has collaborated keenly with NGOs to start superseding projects, plus energetic publicity, education and teaching activities and open centers of anti-domestic violence hotlines Women aid centers, build alarm centers and give various services for female sufferers, plus discussion, shelter, medical care and emotional help. Strictly cracking down on crimes of kidnapping and trafficking in women the charges for kidnap, trafficking in and trade women were change and included to the Criminal Law in 1997, and the punishments for such crimes were made more severe

To support their process the supreme bench had laid down legal understanding on the related legal reasons. People’s security centers throughout the country have taken special actions to break down on the snatch and kidnapping in children and women, and recognized re-establish centers, poor women and children. All these proceedings have given incredible results. In the mean time, the people’s safety and legal system have completed the clean-up on the offense of kidnapping and violation in children and women a specific field of global assistance and have signed agreement on two-sided law enforcement armed forces help and agreement on  legal support in unlawful cases with associated countries in combined actions to stop and cleaning on crimes of kidnapping and abducting in children and women.

{Gender Equality and Women’s Development in China, n.p.n.d)

Protecting the Legal Rights of Female Criminals

The country firmly monitors the systems of divided jails and administration for men and women criminals with women criminals straightly administered by women police force. Female doctors are allocated to female criminals, and also allowed them to participating events with their children. Teaching in law, society and professions appropriate for women criminals’ psychology, and a vast range of educational and game activities are promoted to help their re-establishments.

(Gender Equality and Women’s Development in China, n.p.n.d)

Criminological theory and tradition of China’s Criminal Justice System

China was accepted as a socialist state in 1949. From that time, uphill struggles have been prepared to implement basic rules regarding criminal justice administration.

In 1979 in China all criminal laws were implemented after the era of Cultural Revolution which ended for 10 years. Public tribunal, institution and operation of the courts were also rescheduled at the same time. In Fundamental rules regarding the public prosecutors, arrest and custody of the suspects, civil suit process, marriages and other laws have been implemented. The guidance and thoughts of Leninism, Mao Zedong and Marxism followed by the Chinese criminal law.  ( HUALING FU, n.p.n.d.)It declares that its goals are to apply criminal punishment to fight against all new and other criminal works so as to defend the method of the people’s elected dictatorship and the smooth development of the course of socialist development. The law receives the bill of constitution as its started. In constitution article number twenty eight demands that :”the government sustains public order and contain subversive and other new behaviors. it punishes acts that put in danger people safety and disturb the socialist financial system and other illegal activities, and punish and reforms criminals”.

Advanced legal education had appreciably developed since 1979 through institution of higher education and other organization. Great preference is being given to publicizing information on the lawful system via China law journal, and several regional and municipal journals, newspapers and magazines. The study of law has been developed in the primary middle and other school. Speeches are often announced in factories, rural communes and brigades, mines, with the purpose of to provide improved help to the constitution and other laws. For bearing criminal accountability age sixteen is considered. Minor beneath the age of 14 are totally entirely not liable from criminal liability, still if they commit acts harsh to society.

. ( HUALING FU, n.p.n.d.)

Legal Rights of Women in China

The government’s law system for shielding women’s legal rights and welfare has been better continuously. A the series of law, like marriage law, family planning law, rural land contracting law, China has adopted and amended in the last ten years. The new laws also adopted for the se security of rights and welfare of women, and spread and implemented over hundred rules and regulations connecting to the protection of women’s rights and interests, for instance the system on applying the law on mother and child and for their health treatment, for securing women’s rights and benefits, progressively more setting up a socialized work

(Lectric Law Library, n.p.n.d.)For the protection of children and women rights wellbeing, the government has developed a national administration group consists of people from 19 departments of the state.Several courts have developed particular courts to allow and judge civil cases concerning the security of women’s human rights and wellbeing, and persons from women’s groups and other pertinent organs are encouraged by the courts to contribute directly in the inquiry of such cases The county has made constructive struggles among law enforcement and judicial officials to develop gender awareness, participating to protect women rights. . Female adjudicators and procurators accounted for 22.7% and 21.7 % of the total numbers in 2004, up 5.9 % points and 5 % points, in that order, as compared with 1995, including legal help and promotional activities regarding the legal system for protection women’s lawful human rights and benefits.

(Lectric Law Library, n.p.n.d.)To make sure that the women’s legal rights and benefits are well protected and also that no lawful aid agencies, law firms, and other legal services possibly turn down or delay with no reason an allegation  , request or prosecution that involves violation on women’s rights and interests, Chinese government’s concerned branch delivered a specific notice to all of them. In addition, lawful service charges should be decreased or free for women in straitened situations. The rules on legal support, effected, particularly demands in the People’s Republic of China in 2003 that it is the government’s duty to provide legal help, and people in unfortunate conditions may take legal help which is free of cost, that gives help to poor women violation.

(Lectric Law Library, n.p.n.d.)

China’s Modern Criminal Justice System – A Comparison

If we look at the modern justice system in China, many deficiencies are seen to abound. Fir instance the period involving investigatory detention process spreads over long periods of time marked by high degree of confessions and imposition of severe and unjust penalties like imprisonment without trial. The suspected offenders have no right of a free and fair trial or having the right to give the explanation in their self-defense. The accused or persons held under suspicion do not have any right to either refuse interrogation or enjoy any presumption of innocence. As a result they do not have right even to face their accusers or even put across any question to them during the interrogation, nor they are allowed to present any witness they wish to in their defense. Also they are deprived of the counseling right, which is extended to a very narrow limit during investigations. Even if the counseling right during trial is extended, it is so narrowly limited that its functioning is badly affected by the absence of pre-trial discovery and the ability to conduct the free-hand investigation by their ownelves is also greatly curtailed.(William S. Hein, 1998, n.p.)The reforms of 1997, for instance, totally eliminated the prosecution practice through examples and precedents allowing the provision of a person being charged of a crime in case the conduct was analogous to other particularly disallowed conduct, even though the offense under consideration was not outlined in the criminal code. The 1997 reforms of Chinese criminal justice system also prohibited the institution of ‘Shelter and Investigation’ by dint of which it was possible for the police to hold a suspect for an indefinite period of time while the process of investigating his or her true identity continues. Apart many other time limit embargos were levied in the forms of various detentions called ‘compulsory measures’. But many notable reforms in the criminal justice system of China are expected quite soon in the next few years.(William S. Hein, 1998, n.p.)Despite making amendments in the twenty years old criminal justice system of China, the system still teems with host of deficiencies and needs to be drastically improved and amended so as to cope with the other modern criminal justice systems of the contemporary world. A teem of Chinese legal experts are busy making serious efforts to bring about reforms within the criminal justice system of China in order to make it quite similar and closer to the international standards of Justice. (William S. Hein, 1998, n.p.)

References

Tricia Ellis-Christensen. What is Criminal Justice Retrieved on February13, 2008. from: http://www.wisegeek.com/what-is-criminal-justice.htmJianan Guo, WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS, Justice Retrieved on February13, 2008. from: http://www.ojp.usdoj.gov/bjs/pub/ascii/wfbcjchi.txtGender Equality and Women’s Development in China. Legal Guarantees of Women’s Rights and Interests, Retrieved on February13, 2008. from : http://www.china.org.cn/e-white/20050824/9.htmLectric Law Library. People’s Republic Of China’s Criminal Justice System. Retrieved on February13, 2008. from: http://www.lectlaw.com/files/int10.htmHUALING FU, Comparative Criminal Law and Enforcement: China – Concept Of Crime, The Institutions Of Criminal Justice. Powers And Process Of The Criminal Justice Institutions Retrieved on February13, 2008. from: http://law.jrank.org/pages/652/Comparative-Criminal-Law-Enforcement-China.htmlWilliam S. Hein & Co., Inc. (April 1998). China Criminal Code. Retrieved on February13, 2008. from:http://legalminds.lp.findlaw.com/list/newlawbooks-l/msg00283.html