A Comparative Study Of Court Systems In China And The United States

The court system of the United States, undoubtedly the largest developed country in the world, is one successful example of the adult western court system with over two-hundred-year evolution. China, as the largest developing country of the world, has made a remarkable achievement in its court system with Chinese characteristics after more than half a century's development with twists. Meanwhile, the Chinese court system is confronted with many challenges of reform. This article will first compare the court system history of the US and China and then make a profound analysis of the status of the court in the nation power structure, the judge system, the trial system and the administrative system of the court under two different social systems. Hope this article may help to provide some theory references to the further reform and perfection of the Chinese court system.Chapter I of this article compares the formation and development of the US and Chinese court systems from a history perspective. First, the author outlines the origin and evolvement of the US court system, with stems from the British court system in colonial America. However, the US court system has many its own creations and innovations, for example, the most characteristic dual system of the federal court and the state court, the highest judicial agency, the United States Supreme Court which best reflect the development history of the constitutional politics in the US. Thereafter, the author looks back at the development process of the Chinese court system. As early as in the revolutionary base period, the Chinese Communist Party has established its trial organs and created the "Ma Xiwu Trial Manner" and other trial system with Chinese characteristics, which establishes initial basis of the new China's court system. After the foundation of the new China, the central people's government denied totally the old judicial system of the Guomindang government and introduced all the systems and modes adopted by the Soviet court, as amended and selected according to China's actual situations. It was in 1979, when the twenty-year-long winding and twisting period ended, that the court system reform of the present age commenced. The people's court has progressed with the time and made splendid achievements under the leadership of the Chinese Communist Party. The author compares the development history of the court system in both the US and China from many perspectives. The establishment and development process of the court systems in the two countries differs a lot, such as its political theory basis, their respective attitude, purpose and progress during the process of the court system transplant and acceptance, the function of the supreme court, the role played by the judges in the court development, the social recognition of the court and the court's own attitude to the reform. In view that much experience is accumulated during the continuous exploration in China court system construction and the good political environment strongly guarantees the development of the court system, it is reasonable for us to believe that the steadily-progressed judicial reform will further perfect the court system with Chinese characteristics by improving the court function, team building, trial system and the judicial administration.Chapter II compares the respective status in the nation power structure of the courts in both the US and China. First, the author analyzes the power and functions of the US court. The political system of separation of executive, judicial and legislative powers, the court status in the power agencies and the authority of the court determine that the US court enjoys more functions, for instance, the court can create laws, conduct judicial review and even solve the political issues. Atthe same time, these functions strengthen the authority and power status of the court. Following that, the author analyzes the power and functions of the Chinese court. As China is a soviet country, the court shall insist on the leadership by the Chinese Communist Party; mean...