Teaching Comparative Government and Politics

Wednesday, January 18, 2017

Vocabulary and concepts

Procuratorates approve arrest of 19,000 telecom fraud suspects
Chinese procuratorates at all levels in 2016 approved the arrest of 19,345 suspects involved in telecom or cyber fraud.

The information was released at a national meeting attended by chief prosecutors…

The authorities pledged to continue applying "high pressure" on those who commit telecom and cyber fraud this year…


Procuratorates?

It's important to remember that the inquisitorial legal system of China, Russia, and Mexico are not common law (adversarial) systems of many Western democracies. (The Sharia system in Iran is altogether different.)

The procuratorate is that part of the regime that is responsible for investigating violations of statute law and determining which suspects should be taken to court for final determination of guilt and sentencing. Those 19,000 telecom fraud suspects mentioned above were nearly all guilty — that's why the procuratorate took them to court.

The inquisitorial system is primarily based on Roman and Napoleonic systems. Even the Chinese legal system, which can be traced to the 19th century, is based in part on a Germanic version of the Napoleonic Code (and in part on the Russian and Soviet systems).

The common law/adversarial system most familiar to the British and Nigerians is based on legislation and the precedents of court decisions.

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