CHINA

(CRIMINAL JUSTICE SYSTEM)

Historical Approach(CJS) in China
 China is one the oldest civilizations in the world with
a written history of more than 4000 years.

 The great philosopher Confucius introduced the

concept of the importance of society over the
individual. This simple idea has survived in Chinese
culture and has influenced the evolution of Chinese
law and criminal justice.

 https://mckinneylaw.iu.edu/iiclr/pdf/vol9p143.pdf
TYPE OF GOVERNMENT

The politics of the People's Republic of

China takes place in a framework of
a socialist republic run by a single party,
the COMMUNIST PARTY OF CHINA,
headed by the GENERAL SECRETARY.
PILLARS OF CRIMNAL JUSTICE
SYSTEM

China's judicial system

institutionally comprises of three
parts: people's court system, the
people's procuratorate system, the
public security system.
1. People's Court System
 is the highest judicial organ of the State.
 give interpretation on questions concerning specific
application of laws and decrees in judicial proceedings.
2. People's Procuratorate System
 also translated as the “Prosecutor General's
Office”
 is the highest national level agency responsible
for both prosecution and investigation in the People’s
Republic of China.
 is primarily in charge of: accepting and hearing
cases of corruption, bribery, tort to citizen's
democratic rights and misconduct in office, and
placing them on file for investigation and
prosecution.
3. Public Security System
 Public security branches lead and direct
the people's police, as functional
departments of the people's governments.
They are responsible for maintaining
social and public order and State
security, and also for conducting
investigations, arrest and preliminary
hearings in criminal cases.
CHINA’S CRIMINAL JUSTICE
SYSTEM
The goal of the justice system has
traditionally been to protect the interests
of the state NOT the individual and to
keep the masses under control.
PHILIPPINES VS. CHINA
(CRIMINAL JUSTICE SYSTEM)

The goal of the Philippines criminal

justice system include the rehabilitation
of offenders, preventing other crimes,
and moral support for victims while the
goal of the China’s criminal justice
system is NOT based on the idea of
innocent until proven guilty. For the
most part one is guilty until proven
innocent.
Weakness(China)
lawyers may play a limited role in a criminal case as
courts are much leaned toward prosecutors

it is hard to uphold justice in criminal system since rich

and powerful people can easily influence the court

Weakness(Philippines)

Court cases take years to be resolved

Many Filipinos are too poor to access justice
Strengths(China)
 According to an article by Jeffrey Hays (2008), the
main task of the Chinese justice system has
fundamentally always been to protect the interests of
the state rather than the individual and to keep the
population under control.
 an accused person has no right to remain silent but
has the duty towards the state to speak, often after
administration of corporal punishment.

Strengths(Philippines)
 Able to punish criminals.
 To maintain law and order in society.
 Able to repay the victims as much as possible.
ROLE OF THE GOVERNMENT

Under China's socialist political and

economic system, the government was
explicitly responsible for planning and
managing the national economy.
 SUBMITTED BY:
MARJHON M. OSORIO

SUBMITTED TO:
PROF: ALEJA A. ABELLA