Which organization controls China's courts despite constitutional guarantees of judicial independence?

Prepare for the AP Comparative Government China Test. Use flashcards and detailed multiple choice questions, complete with hints and explanations. Ace your exam!

The Chinese Communist Party (CCP) is the organization that controls China's courts, even though the constitution provides for judicial independence. In practice, the judiciary operates under the oversight and influence of the CCP, which ensures that court decisions align with party policies and directives. The party's control is embedded in the political framework of China, where the law is often viewed as a tool of the party rather than an independent system meant to serve justice impartially.

This integration of judiciary and party is manipulated through various mechanisms, such as appointing and dismissing judges and influencing case outcomes. Judicial independence, as understood in liberal democracies, does not apply in the same way in China, where the CCP's paramount leadership consistently dictates legal interpretations and priorities.

While the Supreme People's Court serves as the highest legal authority and the National People's Congress has legislative power, neither of these bodies possesses true independence from the CCP. The Legal Affairs Bureau also functions more as an administrative entity rather than as an independent legal authority, further underscoring the overarching control the CCP maintains over the judicial system.

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