中美司法法律制度比较
12页1、A Comparison of Judicature And legal System between China and USChina 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
2、researching and probing those differences. That being so, lets give it a head start in the judicial system and law.Judicial systemJudicial 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 government Js power into three. This division of authority is known as a system of checks and balances established by the Constitution, which is
3、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,
4、 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 and weight, 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 politic
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