Running Head: COMPARING CRIMINAL JUSTICE SYSTEMS OF THE UNITED STATES

AND CHINA

Comparing the Criminal Justice Systems of the

United States and China
Kyle D. Crute
Stockton College

Running Head: COMPARING CRIMINAL JUSTICE SYSTEMS OF THE UNITED STATES

AND CHINA

Comparing Criminal Justice Systems of the

United States and China
Criminal justice is a system that has been growing, expanding, and changing in many
different countries and is still growing and changing to this day. The criminal justice systems of
the United States and China have been aggressive in defining their own rule of law in their own
unique way. Even though both systems can be explained to be extremely different, there are
some similarities. In this paper, the similarities and differences of general rule of law, court
procedure, and policing of the United States and Chinese criminal justice systems will be
explained and pointed out.
The thought of Rule of Law doesnt have an exact definition in a certain way because
rule of law can vary and be different between different cultures, or countries. In all criminal
justice systems, rule of law establishes structure, order, and the understanding that citizens can be
held accountable for their actions, even if the punishment may change from country to country.
Even though rule of law is used to keep people accountable for their actions, rule of law also is
used to protect the people in terms of a fair trial, not being wrongfully arrested, etc In the
United States, rule of law has its own way of being generally accepted, and used in most cases.
The ideas that help create the rule of law for the United States can be seen as early Socrates
philosophies, Greek culture, and Roman law (Moss). Even ideas and beliefs as old as those, can
be seen throughout the Common Law today (Moss). In the United States, general or rule of law
means that no person, whether it is the President or an average citizen, stands above the law.
Democracy governments use authority from law, but are also themselves under the laws
restraints. Unlike China, the aim of the law in the United States is to express and be best for the

Running Head: COMPARING CRIMINAL JUSTICE SYSTEMS OF THE UNITED STATES

AND CHINA

people, not aimed towards dictators, military officials, religious leaders, or any political parties
(Moss). In the United States, general rule of law is much fairer, aimed towards benefiting the
people more, and is a one of a kind criminal justice system.
Law enforcement in the United States is a very crucial part in obviously the criminal
justice system, and in everyday life. The United States has a very unique way of policing that is
very different from the Chinese. Policing in the United States is non-military, funded and
directed by local governments, and a decentralized system (Bureau of Justice Statistics). A local
police department is a law enforcement agency for that local area, other than a sheriffs office
that is directed by a local government, but in the United States there is no national police force
that rules over all like in China (Bureau of Justice Statistics). Unlike China, the United States has
more of a closed system for their police policies. Both the Chinese and American police forces
both regulate every day things, patrol, and take a role in keeping peace for their countries.
However, since the community era of policing in the 1980s in the United States, police have a
broader range of social services now, and strive to make the quality of life better for the people.
Policing in both China and the United States has changed drastically in recent years, and will
continue to strive to become their best in their own beliefs.
The United States judicial system and court procedures are very special, and by special I
mean that not many countries handle things the way that the United States has or has not. The
United Sates has a very for the people oriented court. Unlike many other countries, including
China, the United States court system has many stages, rules, legal laws, and documents in place
to help the accused in a court case (Scuderi). The United States is well known for having an
adversarial court system, meaning that the accused is innocent until proven guilty without a
reasonable doubt, while in most eastern countries it is the opposite (US Courts). In the United

Running Head: COMPARING CRIMINAL JUSTICE SYSTEMS OF THE UNITED STATES

AND CHINA

States, there are federal courts and state courts, all free to practice law in their own way, but
Supreme Court of the United States can have a say so in all matters only if it is deemed
unconstitutional. While each court system is responsible for hearing certain types of cases,
neither is completely independent of the other, and the systems often have to work together (US
Courts).
The Chinese rule of law is one that has been unique in many ways and continues to be
unique to this day. The goal of the justice system in China has normally been to protect the
interests of the state not the people and to keep society under control (Hays). China has a
constitution with laws that are actually very similar to the United States. The problem is that this
constitution and laws have actually been ignored, used in strange ways or not followed at all
(Hays). From a resource from Jeffery Hays I learned a Chinese saying: Power is greater than the
law, money is greater than the law and connections are greater than the law (Hays). That there
can describe the general rule of law in China. China has been known to be very corrupt, and is
making slow progress to try and change its ways. The main problem in China is that the laws can
be seen as weak, and in favor of officials and the government.
Policing in China is honestly in no comparison similar to the United States police force.
The two are beyond different in so many ways, and the only justified possible similarities could
be the fact that they both patrol, and try to maintain balance in society. Other than those two, the
police in China are usually badly paid, have minimal training, and lack equipment. Some police
stations in China lack cars, cameras, and any modern equipment for arresting or interrogating (lie
detectors, fingerprinting, etc) witnesses or suspects (Hays). The police are also known to be
very brutal and corrupt, unlike the majority of police in the United States. Forced confessions,
torturing for confessions, and many other terrible methods have been often used in China, and

Running Head: COMPARING CRIMINAL JUSTICE SYSTEMS OF THE UNITED STATES

AND CHINA

now China is starting to record interrogations to prevent such things (Hays). Policing in China
has to change some of its ways for the sake of its people, and to get rid of corruption.
Court justice in China is swift, but not sure in any shape or fashion (NY Times). Criminal
investigations always end in guilty pleas, prosecutors rarely lose cases brought to trial court, but
there are starting to be cases that unearth some really deep flaws in Chinas court procedures
(NY Times). Unlike the procedures in the United States, China is barely described as fair and
just, actually it can be fully described as quite the opposite. Both countries use judges,
prosecutors, defense attorneys, and such but the people in the situation in China are usually
corrupt or working for a bigger purpose. With a prosecutor conviction rate of 98%, there is small
room for fairness in Chinas courts (NY Times). Unlike the United States, once a persons name
comes up, they are assumed guilty, until proven innocent. A huge difference between the United
States and Chinas system is that evidence obtained by illegal means is still able to be used
through loopholes in Chinas justice system (NY Times and Hays). Chinas communism plays a
huge role in their justice system, and anyone that hits the court system in China is in for a hell of
a ride.
Both criminal justice systems of China and the United States are unparalleled in their
own ways. Whether you discuss the fair and equal ways of the United States, or the corrupt and
changing ways of China, both justice systems are very interesting. In both the United States and
China general rule of law, policing, and court procedures all play a huge role in their societies
way of life and each define much about their country. Both systems have some small similarities
but huge differences, and my hope is that my readers may now understand or have a better idea
of what makes each of these unique justice systems their very own.

Running Head: COMPARING CRIMINAL JUSTICE SYSTEMS OF THE UNITED STATES

AND CHINA

References
American Sources
US, C. (2012, 19 11). Retrieved from
http://www.uscourts.gov/EducationalResources/FederalCourtBasics/CourtStructure/Understandi
ngFederalAndStateCourts.aspx
LastCordner, G., & Scarborough, K. (2010, Janurary).Information sharing: Exploring the
intersection of policing with national and military intelligence. Retrieved from
http://www.hsaj.org/?fullarticle=6.1.5
Bracco, L. (2007, April 27). The united states department of justice. Retrieved from
http://www.justice.gov/
Jeffery , H. (2008). Rule of law. Retrieved from http://www.ruleoflawus.info/
Scuderi , P. (n.d.). The principles of the u.s. criminal justice system. Retrieved from
http://criminallaw.philadelphiacriminallawyernow.com/2012/05/principles-of-us-criminaljustice.html
China Sources
Kahn, J. (2005, September 21). Deep flaws, and little justice, in china. Retrieved from
http://www.nytimes.com/2005/09/21/international/asia/21confess.html?pagewanted=all
Hays, J. (Apr ). Facts and details. Retrieved from http://factsanddetails.com/china.php?
itemid=301

Running Head: COMPARING CRIMINAL JUSTICE SYSTEMS OF THE UNITED STATES

AND CHINA

Hays, J. (2008). Justice system in china. Retrieved from http://factsanddetails.com/china.php?

itemid=299&catid=8
Carl Minzner. (2012). Rule of law in china: Past, present, and future. Retrieved from
http://thediplomat.com/china-power/rule-of-law-in-china-past-present-and-future/