Criminal Justice System in China.

Criminal Justice System in China

Introduction

This article details the criminal justice system that is in use in China. It assesses the type and role of government and the police presence together with the public view of the police. It further examines the judiciary, the country’s court system, the law and the controlling influence it has on the Chinese society. It finally scrutinizes the juvenile justice and the involvement of parents in children correction.

Culture (crime outlook)

While the Chinese have traditionally been a peaceable society, modern day trends have exposed the population to popular traits of indulgence and pursuance of self-interest (Liu, Zhang and Messner, 2001). The legal system has a deep respect for culture as evidenced by the way in which it deals with suspected criminals. In 2004, the then Chief Justice, Shao Yang, sounded a call to respect the constitutional rights of all criminal defendants (Wong, 2012). Therefore, there exist countervailing interests in dealing with crime and criminals in a Chinese cultural context.

Society (crime outlook)

Unlike in the Western world where individuality is embraced and fostered, the Chinese society identifies the ‘group’ as the basic social unit (Bakken, 2005). Criminals affect social order and destabilize social systems. The Chinese society does not advocate for gentle treatment of criminals because they should undergo punishment to avert future crimes (Wong, 2012). Wong (2012) avers that China is in need of a well-defined legal culture that will change the general perception of the society that believes law enforcement is discriminatory.

Government

The Chinese Communist Party (CCP), founded in 1921, is the governing party. The party overthrew the Nationalist party in the civil war of 1946 to 1949, later becoming the governing party after the formation of the People’s Republic of China (Liu, 2011). Over the years, the CCP has transitioned from a revolutionary party to a governing party...