The Basics of the Adult Chinese and Japanese Criminal Justice Systems


Introduction

China and Japan are two very different countries regarding their cultures.  There are some similarities, yet the two countries mostly have more differences when they compared on a general level.  Moreover, the legal systems in the countries are part of these differences and the two nations operate with different perceptions about crime and justice, dealing with mental health problems, and the role of the legal professionals in their societies.  China has high incarceration rates, whereas Japan has an overall low crime rate.  Some individuals have suggested that the differences in crime are due to the size of the countries as well as the structure of the governments (Adelstein, 2009; Bayley, 1991; Chen, 2004; Parker, 2013).  Others have suggested that cultural characteristics – such as discipline and individual integrity are mostly responsible for the differences between the two Asian countries (Adelstein, 2009; Bayley, 1991; Chen, 2004; Parker, 2013).  Thus, this essay will explain the basics of each adult system so that the reader is able to comprehend the similarities and differences between the two criminal justice systems.

China’s and Japan’s Police Departments

Starting with Japan, there is a centralized police force.  The National Police Agency is the centralized force and has many responsibilities (Adelstein, 2009; Bayley, 1991; Parker, 2013).  Specifically, the agency is responsible for police training, operating its budget, reviewing policies, emergency services, operating the Imperial Guard, international emergency affairs, identifying police communications, research and crime statistics, traffic regulation, maintaining standards for recruitment, and protocol for individuals in the police force (Adelstein, 2009; Bayley, 1991; Parker, 2013).  Japan’s national police force has many departments throughout the country and they are referred to as “kobans” or “chuzaishos (Adelstein, 2009; Bayley, 1991; Parker, 2013).”  The police officers in Japan are highly dedicated and perform much more community work than police officers in the United States.  More specifically, Japanese police officers are responsible for performing house calls to residents and businesses and beat patrols in a routine manner (Adelstein, 2009; Bayley, 1991; Parker, 2013).  Citizens in the country do not have as much disdain towards police officers because of these reasons, as well as because Japanese police officers are more respectful and perform sincere operations that makes their communities thrive (Adelstein, 2009; Bayley, 1991; Parker, 2013).  There are also not many racial or ethnic biases in Japan by its police officers.  These characteristics have been attributed to the familial culture in the country which, in turn, have been suggested to enter the National Police Agency’s agenda and respect from its citizens (Adelstein, 2009; Bayley, 1991; Parker, 2013). 

Being a police officer in Japan does not require a college education, but if individuals have a college degree they are not required to participate in training procedures for as long as persons who do not have a college education (Adelstein, 2009; Bayley, 1991; Parker, 2013).  Pay rates are similar to police officers in the United States, but include different incentives and benefits that make the salaries similar (Adelstein, 2009; Bayley, 1991; Parker, 2013). Turning to the structure of the National Police Agency, it is similar to federal law enforcement organizations in the United States.  That is, there is a superintendent supervisor, chief police supervisor, senior police superintendent, police inspector, assistant police inspector, sergeants, senior police officers, and typical police officers (Adelstein, 2009; Bayley, 1991; Parker, 2013).  The National Police Agency’s highest leader – Commissioner General – is appointed by the National Public Safety Commission and requires approval from the Prime Minister (Adelstein, 2009; Bayley, 1991; Parker, 2013). 

China’s police force is also centralized and incorporates various functions of public safety and governmental operations (Chen, 2004; Parker, 2013).  Precisely, the People’s Armed Police Force is not only responsible for preventing and investigating criminal activities (Chen, 2004; Parker, 2013).  Other functions of the nation’s police force include border patrol, security for government buildings and members of the government, emergency services, traffic safety, monitoring business registrations, and community work that assists urban and rural areas (Chen, 2004; Parker, 2013).  Moreover, most of the police officers in China are unarmed and only participate in lethal violence if a situation of such behaviors comes about (Chen, 2004; Parker, 2013).  The training incorporates these policies and consists of similar practices in the United States, but with some variations.  Recruits attend police academies for numerous months and are taught the methods of police work according to the laws and provisions in the country (Chen, 2004; Parker, 2013).  There are also academic institutions that specifically cater to these recruits and are sponsored by government-based organizations (Chen, 2004; Parker, 2013).  The structure of the police force in China is similar to most other modern nations and consists of a top-down hierarchy that requires approvals from executive-level public officials (Chen, 2004; Parker, 2013). 

Additionally, it is necessary to discuss the surveillance and social role of Chinese police departments.  In other words, the Chinese have a unique culture regarding privacy laws and redressing governmental operations.  The Chinese government monitors and censors the media, as well as has a very large number of security cameras in the country that are heavily monitored and are able to use facial recognition to linkup with profiles that have been made by and for law enforcers (Chen, 2004; Parker, 2013).  These actions cause civil unrest at times, but for the most part many citizens are not participating demonstrations against the governmental surveillance or censorship (Chen, 2004; Parker, 2013).  Police officers are typically viewed as respected persons and have many qualities that entail compassion and dedication to public service (Chen, 2004; Parker, 2013).

Japanese and Chinese Courts

Japanese courts are well-structured legal systems and, in turn, make many of the practices in American courts appear to be outdated.  Being more precise, criminal courts have a hybrid method of using votes by a panel of judges and jurors in the courts that are responsible for trials (Adelstein, 2009; Bayley, 1991; Parker, 2013).  A three-judge system is used in trials and there is a juror system comprised of laypeople and other legal professionals (Adelstein, 2009; Bayley, 1991; Parker, 2013).  Appellate procedures are also part of the Japanese criminal justice system (Adelstein, 2009; Bayley, 1991; Parker, 2013).  A “Jokuku appeal” is a final appeal in the highest court in Japan (Adelstein, 2009; Bayley, 1991; Parker, 2013).  The structure of the legal system is different than the United States.  In Japan, there is 1 Supreme Court, 8 High Courts, and 50 Summary Courts (Adelstein, 2009; Bayley, 1991; Parker, 2013).  The High Courts and Summary Courts have many branches within them (Adelstein, 2009; Bayley, 1991; Parker, 2013).  The prosecutors in Japan work within the Supreme Public Prosecutors Office and defense attorneys are both privately retained as well as provided for those who are considered indigent (Adelstein, 2009; Bayley, 1991; Parker, 2013). 

Chinese courts consist of 3,100 basic courts, 400 intermediate courts, and 31 provincial-level high courts who act under the support of the Supreme People’s Court (Chen, 2004; Parker, 2013).  Prosecutors are referred to as “procurators” and the other legal professionals have the same titles in most other modern nations (judges and criminal defense attorneys) (Chen, 2004; Parker, 2013).  Regarding judges in China, these professional roles are very different when compared to the United States.  That is, judges in China often consult with the Communist Party prior to rendering decisions, and do not have the same authority as American judges (Chen, 2004; Parker, 2013).  More specifically, Chinese judges have very limited authority when it comes to interpreting laws and administering the law over other governmental bodies (Chen, 2004; Parker, 2013).  Appointments and salaries are configured by the Communist Party and, therefore, judges will typically side with the stance that other public officials desire (Chen, 2004; Parker, 2013).  Lastly, many Chinese judges lack a law degree or education in the specific field, yet this has recently changed and some law school graduates are entering the criminal justice system and becoming judges (Chen, 2004; Parker, 2013).  Albeit, many researchers have questioned the academic standards of Chinese law schools (Chen, 2004; Parker, 2013). 

Japanese and Chinese Corrections

Japanese correctional facilities are configured in pretrial and post-conviction processes that are similar to the United States (Adelstein, 2009; Bayley, 1991; Parker, 2013).  However, the differences lie in the prison system and the daily recourse that takes place in its prisons.  Strict regiments are used in Japanese prisons and many human rights groups have harshly criticized the activities by the Bureau of Corrections (Adelstein, 2009; Bayley, 1991; Parker, 2013).  Claims have been made that suggest that talking is not allowed, eye contact is also regulated, and military-like discipline in used while inmates walk to-and-from areas within the prison (Adelstein, 2009; Bayley, 1991; Parker, 2013).  Inmates are allowed visitors, but the familial integrity that Asian countries are known for hinders these visitation processes (Adelstein, 2009; Bayley, 1991; Parker, 2013).  Older inmates are especially shunned by their families for being convicted of a criminal act (Adelstein, 2009; Bayley, 1991; Parker, 2013).  Moreover, the strict guidelines of Japanese prisons include conduct that entails locking an inmate in a room that is very small and does not allow for much movement or standing (Adelstein, 2009; Bayley, 1991; Parker, 2013).  This is only suggested to be used for inmates who show signs of aggression or are violent at times (Adelstein, 2009; Bayley, 1991; Parker, 2013). Yet, and once more, human rights groups have claimed that these practices are used more often and not only for aggressive or violent inmates (Adelstein, 2009; Bayley, 1991; Parker, 2013).  In Japan, there are intermediate facilities that are similar to halfway houses and shelters for inmates who are released and have little resources to survive on their own.  Many of these facilities offer rehabilitative services and do not include the strict guidelines of Japan’s conventional correctional facilities (Adelstein, 2009; Bayley, 1991; Parker, 2013). 

Chinese prisons are known for using labor camps for its convicted criminals (Chen, 2004; Parker, 2013).  China also has a two-part correctional facility, but it is very different from the United States (Chen, 2004; Parker, 2013).  Specifically, there are administrative detention facilities and labor camps (prisons) (Chen, 2004; Parker, 2013).  Administrative detention facilities are known for providing reform via a reeducation institution; whereas prisons typically implement labor as a method to correct unwanted behaviors (Chen, 2004; Parker, 2013).  Basically, administrative detention facilities do not have all of the harsh conditions of a Chinese prison/labor camp (Chen, 2004; Parker, 2013).  China also has a widespread use of the death penalty.  Capital punishment in China is used for many crimes and can be ordered for non-violent crimes (Chen, 2004; Parker, 2013).  Finally, China remains one of the world’s top jailers, but its recidivism rates are nothing like the rates in the United States or other modern nations (Chen, 2004; Parker, 2013).  

Conclusion

Overall, the two countries have different cultures and use their history as a basis for the formulation of their criminal justice system.  Judgement and prejudiced thoughts should be eliminated given this comprehension.  Even with acts that are considered to be inhumane and cruel, Japan and China are not performing activities that most other modern countries are not participating in.  With this being stated, terrible practices exist in the nations' criminal justice systems and should be reconfigured to produce better treatment and reformation.  Once more, this is nothing that is not expected in other contemporary countries.  China and Japan’s legal system is mostly based on western ideologies and the public positions are centered on providing safe societies for its citizens for the most part.  Respect should be given to variations in the globe’s legal systems and the people who are associated with them. 
   
References

Adelstein, J.  (2009).  Tokyo vice:  An American reporter on the police beat in Japan.  New
            York:  Pantheon Books. 
Bayley, D.  (1991).  Forces of order:  Policing in modern Japan.  Berkeley, CA:  University
            California Press.   
Chen, A.  (2004).  An introduction to the legal system of the people’s republic of China
            (3rd ed.).  Singapore: Lexis Nexus. 
Parker, L. C.  (2013).  Crime and justice in Japan and China:  A comparative view.  Durham,
            NC:  Carolina Academic Press. 
    
                                            
                         Source:  Public Domain

                                             



Comments

Popular Posts