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Think Piece 2 - One Motive, Two Practices Under the...

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One Motive, Two PracticesUnder the leadership of president Xi Jinping, the proliferation of China’s Anti-CorruptionCampaign has been more rampant than ever before. Arguably, the predominant objectives ofthiscrackdownwas to nationally and internationally demonstrate the practice of a lessfraudulent administration and a more fervent legal system. Undoubtedly, China does have asystematic legal institution, however, the shape of this nation’s justice system is vastly differentthan that of the Western world. Both systems’ objectives with the implementation of a judicialsystem is to resolve conflicts, attempt to restrain the procreation of crime, to punish offenders,and to dissuade potential lawbreakers. However, only the Western type of legal institutionpromises to act independently from both the state and the individual, in order to ensure themost just outcome. In this paper I will be mainly examining the legal institutions of Canada andthe United States, to compare the Western legal system to that of China. I will first specify thedifference betweenrule of lawandrule by law.Then I will analyze the history behind therelevant institutions to demonstrate how the countries arrived at their current practices ofseparations of powers. Lastly, I will make the case that based on China’s present proceedingsand system of government, the form of “rule of law” cannot simply be adopted – theestablishment of a more Western type of legal institution is inconceivable without an extremeregime adjustment.Most Western countries proudly emphasize and advocate for their application of therule of lawas well as their enjoyment of a separation of powers that ensures the practice of anindependent judicial system – both of which rooted from the evolution of Roman Law. Canadaand the US’s legal institutions are based primarily on this law, in which resolutions were aimed
to be made “independent and highly objective to arbitrate social and economic conflicts”(Wieacker 264). The rule of law used by Western countries, assures that no individual in anycircumstance is above the law – the law rules the country and its people, not vice versa (Forsey).China’s Criminal Law on the other hand stems from ideologies that seem to mimic that of theWest but arguably lean more towards a Marxist-Leninist view of a successful one party rule. Infact to be able to hold most of the positions in the party requires thorough knowledge ofMarxism-Leninism, Mao Zedong Thought, and Deng Xiaoping Theory (Lieberthal 404). She toohad identified the benefits of following a key guideline of laws to be referred to, but only whenthere was no threat to any significant political interests (Liberthal 303). Thus, this structure thatprioritizes the benefits of the politicians is dubbedrule by law– making “officials supreme andthe law an instrument of their governance” (Liberthal 303).

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Term
Spring
Professor
N/A
Tags
Law, Bo Xilai, legal institution, bo xilai trial

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