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China`s court system

Paper type: Essay
Pages: 5 (1099 words)
Categories: China,Judiciary,Law,Society
Downloads: 40
Views: 3

China’s court system is likely to view the rights of the person accused of violent assault in a number of ways. To begin with, the accused person has the right not to be discriminated against. All citizens are equal before the law and there should be discrimination based on nationality, race, sex, occupation, religious beliefs, property status, education, family background and length of residence. Article 33 of the constitution also guarantees the accused person of the right to equality. All persons holding the nationality of the People’s Republic of China are citizens of the country.

They are equal before the law and enjoy all fundamental rights. All citizens are entitled to the rights and freedoms that is a salient feature of the Chinese Bill of Rights (Wang, & Madson, 2013). According to Article 38 of the constitution, personal dignity of all citizens is inviolable and it prohibits insults, false charging, and libel that is directed against its citizens. Therefore the accused person is likely to be treated by the courts as a suspect until he is found guilty or otherwise.

During the trial and proceedings, there are five stages that involve court opening session, court investigation, court debate, final statements of defendants and the judgment. During the hearing, the number of family members that attended the court may be limited and they are not allowed to speak with the defendant. The hearings are expected to take between two to six months from the date that the case was transferred to the court. The process can be prolonged if approved by the Chines Supreme People’s Court. During the hearing, additional charges may be preferred as a result of supplementary investigations and the prosecution may suggest postponing the case up to two times (Chan, 2017). If the defendant is seriously ill or if he escapes then the trial may be suspended through the period of suspension will not be included as part of the overall trial length. The defendant has a right to file an appeal via the original court or the court of appeal within ten days after the judgment has been issued. The appeal is supposed to take between two to four months. The defendant can file a petition to the court as long as the judgment within two years of the start of the execution.

In the event that the accused person is ultimately sentenced to a prison term for violent assault, he is guaranteed some rights while serving his prison sentence. According to the law, a criminal’s due rights during their time in prison may not be violated. They prisoner is regarded as human being, their dignity is respected, their safety ensured and they treated in a humane manner. The defendants’ rights while in prison includes the right to vote according to the law if they have not been stripped of their political rights. He will be entitled to make a reasonable suggestion on the management, production, recreational activities and the sanitary conditions of the prison among others. He will also have a right to lead a normal life as the state has to provide material needs that include clothing, food, and housing. As a prisoner, one has a right to maintain good health where he will enjoy free medical care and get a regular medical checkup on a yearly basis (Wang, & Madson, 2013). In the event that he suffers from serious disease then he has a right to get medical treatment outside the prison on bail. He will also be able to receive letters from relatives and friends and meet with family members regularly. While serving his sentence the accused person will have a right to education and the right to believe the religion of his choice. According to the law, the prisoner may have his prison term reduced or he may be released on parole for good behavior.

One ethical concern witnessed regarding china’s court systems is that the police and courts still rely on pre-trial confessions and perfunctory court proceedings to resolve criminal cases instead of analyzing forensic evidence to determine guilt. According to the law, torture is forbidden and judges are supposed to weigh the evidence beyond the confession of the suspect. Unfortunately, cases of forced confessions are prevalent within the judicial system and suspects are forced to make confessions that are ultimately used against them unfairly. The judicial system is under pressure to maintain “social stability” at all costs. The other ethical concern is lack of independence on the part of the judges. The judicial system is partly controlled by the government and courts are required to submit to the discipline of the central party and judicial officials (In Li, & In Fang, 2013). It, therefore, means that anyone that falls off with the government is likely not to get justice before the judicial system because judges are not independent of the central government. The party controls the legal system at every level, therefore, decisions are made subject to the approval of the executive arm of government. An ethical issue regarding China’s correctional facilities is the use of hard and forced labor as a means of correcting the prisoners. Although not allowe4d by the law, the practice is rampant within the prison where inmates are forced to work hard and produce the required products where they are given targets which they have to achieve or lose some services such as food which is a right guaranteed by the constitution.

One reform within the court system that can help to improve matters is making the courts to be independent of the government. The independence of the courts is the only guarantee that the citizens of China can get justice because of the lack of interference and coercion to decide the cases in a certain manner. It will help to bring confidence among the populace of getting justice and a fair hearing. A reform within China’s correctional system that is required is to abolish the practice of hard and forced labor as a form of criminal punishment. Although forced labor is not allowed under the law it only exists in a paper but the reality on the ground is that prisoners are still forced to work in the prisons (Turvey, & Crowder, 2014). Labor needs to be used as a correctional facility that is beneficial to both the state and the inmate. The inmate will get the skills required as he works to produce the required commodity. More legislation needs to be put in place to ensure that the law is followed and prisoners’ rights are protected while serving their term in prison.

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China`s court system. (2019, Nov 16). Retrieved from https://studymoose.com/crime-example-essay

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