Teaching Comparative Government and Politics

Thursday, September 14, 2017

Roadblock to international judicial cooperation

China's President Xi calls for more judicial cooperation among countries. This is an appropriate place to point out that China (along with Russia, China, and Mexico) uses an inquisitorial judicial system.
Chinese procurator badge
The prosecutor (procurator) investigates cases, makes finding (of guilt or liability) and takes cases to a judge, who declares an appropriate sentence or settlement.

In the adversarial system most familiar to people in the US (and Britain and Nigeria) a prosecutor goes to court to prove the guilt of an accused criminal. The accused is represented by an attorney (in most cases) and tries to disprove the accusation. (In civil cases, parties are both represented by attorneys trying to prove the case they brought to court or to disprove the case brought against their client.)

Iran uses Sharia law which is different from both inquisitorial and adversarial systems.

Can you describe some ways in which cooperation between judicial officials in the different systems would be difficult?


Xi calls for more international judicial cooperation
The Chinese government attaches great importance to advancing the rule of law, and China is willing to have more judicial cooperation with other countries, according to President Xi Jinping.

Xi made the remarks in a letter of congratulation to the 22nd annual conference and general meeting of the International Association of Prosecutors…

"As representatives of the public interest, prosecutors shoulder important responsibilities," Xi said…

Xi stressed the Chinese government attaches great importance to the rule of law and has continuously pushed forward legislation in a scientific way, with strict law-enforcement, judicial justice and law compliance by all citizens.

"China works to ensure the country, the government and society are all under the rule of law," the president said.

Xi said Chinese procuratorates are important players in protecting the national and public interest, as they have the functions of punishing and preventing crime and supervising litigation.

Xi encouraged prosecutors from all around the world to share their experience in protecting the public interest and advancing the rule of law to deepen judicial cooperation.

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