Topic: Explain the major differences between the United States common law system and China civil law system. Which is the better system and why?
Journal Assignment #1
Now that asked which legal system is better, listing law system differences that can be found on the Internet between the United States and China makes no sense. Attention should be paid to the roots that contribute to these two unique and powerful countries. The United States talks a lot about its constitution, while China citizens hardly remember how their constitution has been treating them.
The United States Constitution allocates power of legislating to the Congress, also vests executive powers to the Government and authorizes the courts with jurisdictions over all kinds of cases. Then the three branches keep their eyes on each one of the others, making sure the Congress does its job to legislate laws for what need to be regulated, the President along with his deputies do their best to execute the powers vested by the Constitution and those authorized by the Congress and the courts draw out their unbiased decisions to supervise their peers. All these together make the United States be such a powerful and dynamic country with valuable freedom. Things are different in China. Nobody seriously cares what the China Constitution says, even law school students would not bother taking the China Constitution class, nor professors would focus on doing study on the papers of useless provisions. Because the Communist Party of China exclusively occupies China, and to be more specific, even though China does has a congress-like branch as legislator, almost all of the “congressmen” are communists. China has an executive branch, of course it has, which is extremely centralized and hires almost only communists as government officials. In addition, a person who passed the bar examination and admission examination of justice department could be a judge if he or she “happens” to be a communist. The three groups of person, unlike what Americans do, they take care of their own fellows. For example, a low-level leader of the Communist Party might coordinate his or her fellows in a court and procuratorate for a “ more efficient trial”. Communists of China together make China be such a unique country with special system and disputable limitations on its citizens. But no matter whether other countries like or not, it is undisputable China becomes more powerful.
In my opinion, in light of, and only in light of, the roots of powers of the two countries, I would say the United States has a better law system. It is obvious a system with three independent branches is more impartial, which means less corruption. People in the United States, no matter where he or she is from and what his or her background is, do not count on corrupting officials for better life. They fight for their dreams from zero freely. In addition, people in the United States elect who will be their president while common Chinese people never know why they suddenly get a new “president” and how he went through the process to win the election.