中美法律制度的对比

中美法律制度的对比篇一：中美司法法律制度比较A Comparison of Judicature And legal System between China and US China and the United States are two main powerful counties in 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 are too excessive too tremendous and too deep-going, as a result, the two counties diverge markedly when it comes to almost every international affair. We dont have that wisdom and strength of researching and probing those differences. That being so, lets give it a head start in the judicial system and law. Judicial system Judicial system of US is totally different from ours. Firstly, Americas judiciary is one branch of that three branchesthe legislative branch, the executive branch and the judicial branch. Those three branches divide national governments power into three. This division of authority is known as a system of checks andbalances 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 the other branches from gaining too much power. In other words, each branch of the three branches is equal to each other. Its impossible to let one be dominated by another. So Courts in America dont 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 judiciarys power, status andweight, 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 governments branches, for example, National Peoples Congress Standing Committee, Office of Legislative Affairs ,judicial bureau and Law Council of various levels CPC Committee and so on. To some degree, Chinas judiciary is just a mouthpiece. Laws are just reference. Leaders written instruction or comments are real and potential criterion. So we can see that the status and importance of judicial system in America are higher and more significant than it in China. Whats more, Americas judicial system is independent and self-governed, but a mighty and independent judicial system cant be found in China. A cases affirmation and verdict have to be directed and interfered by many individuals and organizations in China. For instance, if a governments leader or official breaks the law and commits, the judicial department cant 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 cant do anything to him before the CDIC confirms his atrocities and crimes even though victims have prosecuted himthousands times. Thus it can be seen that in 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 pervasively and 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 havent a completely independent and adequately powerful judicial system to restrict and contend against other political systems or in