The Rule of Law and Democracy in the Political Regime of China - Coursework Example

The rule of law and democracy in China’s political regime In order to address problems of corruption, financial scandals, inequality and abuse of power, there is need for governance that is consultative in nature and functional rule of law. The rule of law should have an independent judiciary alongside other independent institutions for horizontal accountability. This is vital for purposes of reigning over the national problems, and to deliver a more effective, transparent and fairer governance. It will also go a long way into achieving economic development due to the significant relationship between democracy and functional rule of law, and development. The rule of law and democracy in the US The US is a federal republic that has achieved great democracy and a functional rule of law. For example, political democracy and freedom of expression. Elections at the federal and state level are conducted in a two-party system, the Republican and the Democratic Parties. The president who is the head of the state and government is indirectly elected by voters through an Electoral College. State officials and members of the Congress are also directly elected by voters at the local and state levels. Powers reserved to the National Government are shared by the Judicial and the Congress. Only the executive branch, headed by the president, is independent of the legislature (Magen et al 2009). According to George et al (2009), there is great freedom of speech in the US. Individuals can challenge and criticize the political situation without fear of recrimination. The US judiciary is independent and consists of federal courts and the Supreme Court. The Supreme Court and upper house of the legislature has more powers. The judges in the US courts are impartial and enforce rules as they are written. Political influence in court decisions is a rare phenomenon in the US. The government has limits on what it can do or not do to its citizens. Each state has its own bill of rights too. Citizens can sue leaders for abuse of power. The support for the rule of law in the US is supported by its Declaration of Independence (Ronald 2003). The rule of law and democracy in China’s regime Currently, China is a single-party socialist republic with minimum political democracy. The country is majorly run by the Communist Party of China (CPC). State power is exercised through the Central People’s Government, the CPC, and provincial and local governments. At the county level, members of the People’s Congress are elected by voters. However, these voters do not have the power to elect members of the Provincial and National People’s Congress. Those of the Provincial level are elected by members of the People’s Congress at the county level. They in turn elect members of the National People’s Congress (Fincher 1981). The ruling party greatly influences the selection candidates for election to congress at the local and higher levels. Little political liberalization has been achieved therefore there is no substantial opposition groups exist in Chinese politics. The CPC has suppressed other parties hence it gets landslide winning in elections. It does this by improving the economy and allowing for freedom of expression in regard to the peoples grievances. However, attention is given to this on condition that they are not within the agenda of any other party or organization. Open CPC elections are only conducted at the village and town levels (Clarke 2007b). According to Diamond (2003), there have been reforms to modernize the rule of law in Chinafor example in the criminal code. Transparent and adversarial trial processes are now allowed in criminal procedures. The treatment of counter-revolutionary as a crime has been abolished. However, the government is still being viewed as authoritarian. It’s determined to stands against opposition to its leadership. There are several political prisoners being held with some reporting torture from civic authorities. Citizens are in a position to sue political leaders for abuse of authority. However, the Chinese rule if law lacks independence. The court system is controlled by CPC and local governments. They appoint the judges to serve at these courts (Clarke 2007a). Pei, (2005) reveals that the judges lack the power to adjudicate court cases and neither do they have job security. Their job security is to please the local government and the CPC. The courts depend on the government for funds and the the judicial authority is weak. The courts are part of the state rule hence it lacks political power to enforce their decisions. This has allowed parties and local government to interfere with court decisions on routine basis. It has also resulted to widespread corruption in the judicial system. There is no respect for the rule of law. The government has failed or literally ignored the enforcement of laws in the books of china. Movement towards democracy and rule of law According to Balme and Lihua (2007), China still lags behind in its movement towards democracy and rule law like that found in the US as compared to other nation like India. Currently, India is a federation. It consists of states ruled by federal governments. However, the central government is powerful such that it can over-rule the federal governments. Federal governance is conducted by a coalition-based party or a coalition of parties. Real opposition politics is witnessed at the federation and in each state. There is increase in coalition politics in India. On the other hand, the Chinese governance is highly centralized and non-federal. The rule is non-electoral and is conducted by a single party. Political democracy is portrayed in India where all political leaders are elected into office. The institution that governs electoral politics is democratic as well. It is reinforced by two constitutional features. First is an independent electoral commission whose function is to organize political elections. Though it is independent, it is equal to other branches of government. The other feature is the independence of the judiciary from the executive. This makes it possible to challenge acts of government in a court. In China, open elections are only conducted for local leadership. Though the provinces in Chinahave substantial autonomy and bargaining power in relation to each other, it is conducted behind political scenes rather through open elections (Bernstein and Xiaobo 2003). According to Giri (2005), political democracy has been well achieved in India. However, the rule of law varies in the different castes, communities, religions, region and states. In some places, the rule of law is very functional. However, in all cases, the guiding principle is that no one is above the law. High courts are allowed to retain the jurisdiction established by the British rule. They have powers to order enforcement of rights guaranteed under the Indian constitution. The judicial system has enhanced power though it is still operating within political parameters to some extend. The greatest setback to the Indian courts is not political influence by the legal culture that is resistant to change. This has interfered with enforcements in several cases (Parashar 1992). Conclusion There have been reforms in Chinatowards achieving democracy and functional rule of law. These have promoted the Chinese goal of social stability, economic development and a socialist democratic society. However, most of these reforms are administrative, constitutional and legal aspects but are limited in politically democracy. Political democracy through competitive elections is the best way in which Chinaand other nations can achieve political accountability. Officials that serve the national interests are retained in office and the bad ones removed. Respect for the rule of law still stands as an area of concern in the current Chinese regime. References Balme, R. and Lihua, Y. (2007). The Politics of Constitutional Reform in China: Rule of Law as Condition or as Substitute for Democracy? Journal of Comparative Government and Public Policy (3-4) pp 445-468. Bernstein, T. and Xiaobo, L. (2003) Taxation without Representation in Contemporary Rural China. Cambridge University Press. Cambridge. Clarke, D (2007b) “Legislating for a Market Economy in China”. ChinaQuarterly (191) pp 567-585 Clarke, D. (2007a) “The Chinese legal system since 1995: Steady Development and striking continuities.” ChinaQuarterly (191) pp 555-566 Dali, Y. (2004) Remaking the Chinese Leviathan. Stanford University Press. Stanford. Diamond, L. (2003). “The Rule of Law as Transition to Democracy in China.” Journal of Contemporary China(35) pp 319-331 Ethan, L. and Baogang, H. (2006). The Search for Deliberative Democracy in China. Palgrave Macmillan. New York. Fincher, J. (1981). Chinese Democracy: The Self-Government Movement in Local, Provincial and National Politics. St. Martins Press. New York George, E. Wattenberg, M and Lineberry, R. (2009). (14th Ed) Government in America: People, Politics, and Policy. Onlinehttp://carnegieendowment.org/publications/index. cfm?fa=view&id=17073.Retrieved on 4th March, 2011 Giri, A (2005). Rule of Law and Indian Society: Colonial Encounters, Post-Colonial Experiments and Beyond. Jura Gentium Journal of Philosophy of International Law and Global Politics. (1) pp 12-17 Magen, A. Risse, T. McFaul, M (2009). Promoting Democracy and the Rule of Law: American and European Strategies. Palgrave. New York. Parashar, A. (1992). Women and Family Law Reform in India: Uniform Civil Code and Gender Equality. Sage Publications. New Delhi. Pei, M. (2005). Testimony on Rule of Law in China. Online http://carnegieendowment.org/publications/index.cfm?fa=view&id=17073. Retrieved on 4th March, 2011. Ronald A. (2003). The Rule Of Law In America. Johns Hopkins University Press. Baltimore. Suisheng, Z. (2006). “Debating Political Reform in China: Rule of Law vs. Democratization.” Journal of Contemporary China(40) pp 287-297 Read More