Compared to the American legal system, the Chinese legal system operates differently. Many experts agree that the Chinese legal system is unjust and lacks adequate security measures to ensure equal investigation and trial opportunities. The goal of China’s justice system has always been to safeguard the state’s interests rather than the person to keep the ordinary people under control. China’s courts are ineffective and are controlled by the Communist Party. Unlike the United States of America and other nations, China’s justice system does not operate on the principle of “innocent until proven guilty.” In China, a person is presumed to be guilty until proven innocent.
View on the Accused’s Rights
China’s judicial framework heavily borrows from European nations such as Germany and Poland. China’s judicial framework is comprised of many critical agencies, including the police, courts, procurators, and correctional institutions. Notably, the Ministry of Justice is at the heart of China’s judicial system. China, like every nation with its system of regulations, provides appellants with rights while arguing their cases. During the proceedings, the defendant is offered free legal representation when necessary. For example, when plaintiffs cannot afford private legal representation, the courts are required to give them access to free legal aid. Furthermore, the Chinese court system allows defendants to be released on bail while their cases are being heard. However, the prosecuting attorney must review the defendants’ application for bail release to verify that it meets the set threshold. For the plaintiffs to be released on bail, extraordinary cases such as their health conditions must be considered.
Experience the Defendant Will Have within the Country’s Prison System
China’s correctional facilities are plagued with brutal and authoritarian rule, making the convicted plaintiff’s life a living hell. Noticeably, the circumstances in which the inmates are deplorable. The holding cell is narrow and holds over thirty inmates, creating traffic and poor living conditions. Notwithstanding the overcrowding, the inmates are not provided with necessities such as mattresses and pillows, forcing them to sleep on the floor. The defendant will also be subjected to hard labour beginning on their first day in the facility. Notably, another experience the plaintiff is likely to have is a refusal to communicate with the outside world, including family members (Wang Biddulph & Godwin, 2017). In Chinese correctional facilities, inmates cannot make phone conversations with the outside world. Once in the Chinese prison system, the accused are abused by gang leaders in charge of cells. As a result of the gangs’ command, the inmates are frequently subjected to punishments that result in serious bodily harm. Furthermore, inmates who belittle the guards are subjected to violent treatment, which results in long term disability.
Two Ethical Concerns
One of the ethical concerns I witnessed with China’s court and correctional systems is that politics controls the law, and the other is privacy. The Communist leadership has rejected many of the universal legal values that China has acknowledged. The Communist Party and the Chinese government have embraced “judicial independence” as a major policy goal (MCCONVILLE & FU, 2013). They have taken limited steps to increase the freedom of China’s judges and courts. Chinese leaders have a more limited understanding of “judicial independence” than most Western societies. The fundamental goals of China’s criminal reform are to transform offenders into different types of individuals who obey the law and support themselves through hard work and re-establish these individuals as free individuals from society. Another ethical issue is the lack of privacy since inmates all live in the same institution and have no personal space when taking a shower or using the bathroom, nor do they have beds to rest on. When each detainee has to be outdoors with the others, it can be difficult for both the inmates and the security personnel to focus on everyone and keep people safe.
To alleviate the overcrowding in these facilities, China should allow private jails and rehabilitation facilities. Procedures are expected to be in place to monitor labour force changes. These include, but are not limited to, enabling representative participation in the privatization interaction, providing skills preparation for either competing with the private sector or checking contract execution and creating a safety net for the dislodged workforce. When the government’s direct role in service delivery is lowered through privatization, monitoring and oversight that assess compliance with the provisions of the privatization contract and appraise compliance with the private firm’s performance in service delivery are required. The procedure may aid in reducing cell congestion.
China’s judiciary system and correctional facilities differ from those in Western countries. Individuals who violate human rights face harsh penalties. China is also suspected of having an ethical violation in treating convicts in its correctional facilities. To control congestion in cells and detention institutions, China must privatize criminal amenities. The country is making huge strides in dealing with the challenges of the sector’s dynamism.