Sociology

Criminal justice refers to the system of various practices and the different institutions of governance which are normally held with the responsibility of upholding various social control measures, deterring and the mitigation of criminal offences. Persons who uphold criminal justice also have the responsibility to sanction the offenders and violators of law by offering the offenders penalties and justified rehabilitation efforts (Scott 2007). Both United States of America and China have policies meant to ensure that the justice policies in their respective countries are upheld to the highest standards possible. It is however debatable as to whether the available policies have been utilized to enhance order and fully eradicate crime in the two countries.

General Evaluation of the Concept of Criminal Justice Policies
Basic human rights that include the right to a fair trial are a triumph of humanity. Basic human rights belong to everyone, everywhere. Regardless of the part of the globe where they live or find themselves, people are equally entitled to their basic human rights. Likewise, people do not become less entitled to basic human rights the moment they are accused of a crime (Newburn and Jones 2005, pp. 38-40). Certainly, the United States and China differ greatly in the manner by which their criminal justice policies reflect basic human rights, The adversarial system of the United States and the inquisitorial system of China are worlds apart in regard to the extent to which they promote the right of persons accused of a crime to a fair trial. Furthermore, the developments in China that give greater respect to basic human rights may not be taking place as quickly as some might prefer. But the fact that reforms are taking place is undeniable (Bennett 2004). Furthermore, the reforms that have been set into motion have not stopped. Indeed, cultural relativism has been used to explain Chinas supposed failure to promote human rights. Now perhaps the same cultural relativism simply explains Chinas own unique pace in evolving a better way to promote basic human rights within its borders.

Criminal Justice Policies in China and America
Despite the similarities, both the United States of America and China have a number of policies related to criminal justice which tend to contradict in a number of ways. The criminal justice policies of the United States diverge widely from those of China. The United States criminal justice policies target to mainly promote the basic human rights of its people. In particular, their policies differ in the manner by which they foster respect for the right of people who are accused to have committed certain crimes through ensuring that the face fair trial systems in the country (Birkbeck 1994).

It is the responsibility of a countrys government to ensure that rights of the citizens are safeguarded in the most reliable way possible. Both the United States of America and the Chinese Republic always work towards ensuring that their justice systems fully protect the citizens and the people who commit crimes in the country are subjected to the due process of the law. Both countries have ratified the covenants that compel them to adhere to the international laws of criminal justice (Newburn and Jones 2005, pp. 38-40.). It is indeed evident in the two countries that basic human rights normally serve as very vital standards used in the evaluation of state policies. The impact of the state policies are measured by the levels of improvement of security in the countries and ensures that better standards of living are generally enhanced in the countries in which they are applied. In most instances, the state policies are normally geared to ensuring that the criminal justice system is fully in order (Phillip 2001 Cowart and Caldei 1980, pp. 313-438).

United States Criminal and Justice Policies
The United States of America enhances a very selfish and self centered criminal and justice policies. The country mainly concentrates on safeguarding its borders and ensuring that it continues to be a superpower in the world (Scott 2007). Very stringent and strict policies which are enforced by the United States of America are normally meant to cement its dominance and superiority in the world by ensuring that the countrys security machinery remains the best ever. In the United States of America, the whites constitute the majority (61) of hate crime offenders while the victims of the hate crime are manly the African Americas (72.9). The country also has the worlds highest incarceration rate.
Newburn, Jones (2005, pp. 38-40) believes that both the Unites States of America provides adequate room for the protection of peoples rights and enhancement of affair trial though full adherence to the rule of law. In the United States of America, this is normally achieved through the various criminal justice policies available in the country which fully embody a good adversarial system which is designed with an intention of promoting the very basic human rights in the country. Phillip (2001) believes that the United States of Americas criminal justice policies ensures strict adherence to the penal code which defines what a crime is and even categorizes crimes into different categories. The grand jury set up in the United States of America gives room for persons to be accused of having committed a crime after thorough investigations have been done (Cowart and Caldei 1980, pp. 313-438). Before an individual is fully said to have committed a crime, the jury set up would facilitate in the investigations and ensure that people are proved to have committed the crimes after thorough investigation has take place. Biasness and corrupt means of conducting investigations are totally condemned in the United States of America. It is therefore the responsibility of the grand jury in the United States justice system to accuse people of having committed crimes.

The issue of the motion practice in the country is also crucial as it help in the sharpening the issues related to trials. Contrary to other law systems of the world, the prosecutors intention is not to find some guilt in the accused rather it is to prove that the accused persons are free. However, a lot of evidence is normally used in the United States of America in order to ensure that no criminals are let free or that none criminal persons are accused and given punishment for the wrong they may not have committed. At times the prosecution may endeavor to prove to the public that the accused person is guilty. This is only possible in instances where there is a defense counsel that works towards protects the accused. Despite all this process, it is the jury in the United States of America system of governance and courts that decides whether or not the accused person is guilty (Bennett 2004).

Different aspects of the adversarial system of the United States make possible for the full protection of the basic human rights to be done. Cowart, Caldei (1980, pp. 313-438) argues that such aspects include the equality in the prosecution law and the accused person, the active role of the entire defense counsel, and the process of determining the guilty party in a case. There is very strong link in between criminal justice policies used to promote the right to a fair trial and the actual support for these policies. This is done through the budgetary allocations done by the congress. There are a number of law enforcement agencies in the United States of America (Phillip 2001). The law enforcement agencies in the country are manly administered by the countrys department of justice (Scott 2007). The Marshals Service of the United States, the investigation federal Bureau, prisons federal bureau, the inspector generals office, and the administration department of drug enforcement are some of the vital department in the United States of America which plays an important role in the enforcement of justice.

Chinese Criminal Justice Policies
Chinese justice systems have serious challenges based on the low level of transparency and equity in their system. The Chinese legal system at times tend to be used by the government as a rubberstamp to enforce the decisions and policies made for the interest of the people. China works towards promoting the right of people to get fair trial without any form of discrimination whatsoever. The government in China has for a very long time been accorded a much higher priority and undue privilege during the enforcement of the law. Government tends to control a lot power in the judiciary thus leading to denial of basic human rights to the Chinese people (Lynch 1998 Bennett 2004).

Even though various laws exist which provide for a very transparent and efficient justice system, it has been very difficult for professionalism to be enhanced in the Chinese justice criminal system. The courts in the country have for a very long time refused to adopt the various procedures that would have enabled it to operate and carry out its roles in the country in a respectable manner. Persons in China have little or no rights at all when compared to the countrys government. People do not possess the infinite worth in the country but rather lives under the full mercies of the governments willingness to offer them some rights which it, at times considers, to be a privilege. Cases in the country are therefore hardly made for the prime importance of human rights (Cowart and Caldei 1980, pp. 313-438).

Despite the negative perception which the country continues to portray to its justice system, China remains to be a signatory to the international covenant on the political and civil rights which guarantees rights to people accused of having committed crimes. People in the country therefore deserve to have a very fair justice system that would guarantee them fair trial and other related human rights (Lynch 1998). China is renowned for the many number of prosecutions that have taken place in the country. It is however not well known whether or not the prosecutions were all done through following the due process of the law. Correction facilities have continued to be expanded in the country. This could be a likely indicator that the countrys crime rate has continued to increase despite the stringent rules put in place to curb crimes in the country. People from different countries continue to be detained in the Chinese courts making it very hard for the country to adequately cater for its own need to prosecute criminal cases and to fully uphold justice systems (Phillip 2001).

The Chinese model of restorative form of justice is the form of justice intended to correct the negative image of the countries justice system which has been dented with a series of inhuman and unjust human activities against its people. The current Chinese national laws and bylaws on juvenile delinquency, which were promulgated in the year nineteen ninety nine (1999) were in direct response to the concerns about the then ever rising youth criminal rates and the economic and social shift that had negative impact to the coexistent of people in the country. Subsequently, related policies were formulated by the Chinese provinces in order to fully address the juvenile issues. The international covenant on the civil and the political rights guarantees that the rule of law of enforced and adhered to by all people in and outside the country who profess to the covenant (Newburn and Jones 2005, pp. 38-40).

Chinas juvenile system of justice clearly gives an insight of the culture needed to be entrenched into the justice system and the various reforms needed to enhance adequate and reliable formulation of a just system. The Chinese Juvenile Delinquency and Prevention Law tend to lay more emphasis on the importance of research based on certain policy making strategies. Surprisingly, the United States of America would most likely benefit from the research carried out into the Chinese justice and criminal system (Ron 2006).

In china, the various rights in the covenant are mere creations of the law and may be revocable. The provisions are intended to fully prevent the prosecutions of innocent people and not to promote majority of peoples rights. It is the interests of the majority of people that are catered for. Very crucial rights are normally not explicit and thus the urgent need to be inferred from the already existing provisions. It is clear that the provisions clearly miss out on some of the societies very crucial and cultural underlying values (Bennett 2004 Lynch 1998).  Unlike in America, it is not yet clear whether the rule of law in China is upheld or not. The Thin and the Thick theories in China are used in the explanation of the extent to which the justice system has failed to be upheld in the country thus leading to the continued suffering of the citizens who believes that the government has denied them their basic human rights.

Chinese role of courts have been elevated in the recent past. The defects in the existing rule of law has however not been made. Alford (1984, p. 1180) believes that various institutions need to be put in place in order to ensure that the interests of the people are put in the front line when making amendments to the existing laws. Chinas national peoples congress party has proved to be very inefficient in delivering the duties and responsibility entrusted on it by the countrys population. Its failure to coordinate and supervise the various roles of the government officials and the entire government structure has severely hindered the achievement of the rule of law (Neil, et al. 2005 Malek 2007). Moreover, in China, it is awkward that the countrys constitution is hardly treated at the supreme rule of law. The constitution is also not fully enforced by the various arms of government in the country that are delegated that responsibility (Michael 2008 Amann 2000, pp. 532- 809). Criminal justice policies in China therefore continue to suffer a lot of malfunctions and lack f support from the core organization of the government. In china, the constitution is mainly meant to guide the weak and poor people from one another while the wealthy and very influential persons in the society enjoy ultimate freedom. To the rich persons in China, the concept of the law seems like a fictitious idea that does not deserve a lot of attention to be accorded to it.

Unlike in the United States of America, the Chinese judiciary is ever on constant pressure from the political class who always fight to ensure that certain case rulings are made in their favour. This is clearly indicates the high level of corruption in the country which has infiltrated into the judicial system (Malek 2007 Amann 2000, pp. 532- 809). Bribery, personal favours and lack of accountability are the major reasons why criminal justice and policies in China have not been streamlined so as to ensure adherence of the rule of law by all citizens. The high China population has even made it more difficult for meaningful reforms to be made to the high cost that would be incurred to fulfill such an initiative. Lack of enough judges and attorneys to give a hearing to many pending cases in China is a hindrance to arresting cases of crime in China (Newburn and Jones 2005, pp. 38-40 Ron 2006).

Recommendation
From the discussion above, it is clear that a lot need to be done in order to streamline the policies and regulations of both China and the United States of America. This would be crucial for the ultimate full achievement of legal systems that would help address the common good of the citizens and the global peace. Unites States for instance need to formulate policies that would ensure that it opens up to the entire world in order not to be perceived as a country that only cares about its own self interest. The United States of America should also reform its judicial system in order to cater for the needs of the minority that continues to feel oppressed by the current justice and policy laws.

The media on the other, in both US and in China, should strive to rebuke criminal offences and ensure that the rule of law is enforced. This could be done through highlighting the positive efforts and reforms being made by the various arms of government and the citizens while at the same suggesting possible solutions that could be employed to fully better the situation. The media should not continue to focus on the existing stereotypes and even portray crime as a necessary evil in society (Ron 2006).

In China, the media should not be used by the elite class of people to suppress the poor and deny them their rights. Public awareness forums should also be held on regular basis to sensitize people on the importance of adhering to the law of la and reducing the criminal rates in the country. The political class should be made to accept to change the constitution, accept its supremacy and ensure that crime is fought n all fronts. The international community should also offer more pressure to the Chinese political class to cater for the common good of the majority and ensure that the rule of law dominated the country. Where possible, leaders who cling to power should be ousted and replaced with democratically elected leaders who are willing to fight crime using the law of law.

Suggestions for future Research
People willing to conduct research in future should find out the core relationship between high population rate in a country or region and the reluctance to reinforce the rule of law. Further research should also be carried out on the impact of the international organizations pressure on the reformation of a countrys legal system. This would help United States of America, China and other global countries to understand the importance of reinforcing the rule of law towards achieving the common good of the citizens and how this contributes to it economic growth.

Conclusion
There are as many similarities as there are differences in the criminal justice policies of both China and the United States. Criminal justice policies are not only meant to enhance peace and stability of the countries but also to protect the people and other interrelated interests. From the above discussion and analysis, it is evident that criminal justice and policies can only yield better results if there is the willingness from leaders and the citizens to cooperate in the entire process of enhancing peace and stability in the country.