Abstract:

A comparison between the court system of Bangladesh and China.

A court system is a part of a government that allows the authority to interpret and
apply the Law, adjudicate the legal dispute, and otherwise administer justice.[1] It
is also known as the judiciary system. Every civilization had a way of dealing with
legal disputes. Court resolves conflicts between people, between companies, and
units of government. The court system decides what really happen and what should
be done. 
In this research, our goal is to point out the difference between the Bangladesh
court system and China's. It will help us to take a decision which is good and
which is better.

Introduction:

There is a well-worn court system in Bangladesh that is the counterpart of the

system inducted by British sovereigns, and it's widely accepted within the original
Legislation of Bangladesh. The Judiciary of Bangladesh includes a Supreme Court,
subordinate courts, and tribunals. The Supreme Court of Bangladesh is comprised
of the Appellate Division and, therefore, the supreme court Division. It's the apex
court of the country; other courts and tribunals are auxiliary to it.
On the opposite hand, the courts in China are allocated into four degrees by the
descending order of powers, i.e., the Supreme People's Court (the SPC), high
people's courts, and intermediate and first people's courts. Courts at the latter three
classes are wholly mentioned as provincial or regional courts.[2] China's leadership
is allotted into five statuses starting from the central government to the local
governments, i.e., the central government, the governments at provincial,
municipal, county(district), and township levels. The courts are stabilized likewise
at the greater four categories. Several judiciaries at the four levels correspond to
the govt at an equivalent level, respectively. Each court has jurisdiction over cases
within the authority's territorial breadth at an equivalent level, which encompasses
cases at the primary instance under its jurisdiction and appeals to cases against the
judgments or rulings at the initial instance caused by the downward court under its
jurisdiction.[3]

Court system of Bangladesh:

Bangladesh's judiciary is made up of a Supreme Court, lower courts, and tribunals.

The Supreme Court of Bangladesh is divided into two divisions: the Appellate
Division and the High Court Division. It is the country's highest court; all other
courts and tribunals are subordinate to it.
The Appellate Division will consider and decide appeals from High Court Division
decisions, decrees, orders, or sentences. It has rule-making authority over each
division and any Court subordinate to it. On the other hand, being a division of the
Supreme Court, the High Court Division is, in fact, an autonomous court, with
authority, duties, and jurisdictions well established and decided by the Constitution
and various laws. It has both initial and appellate jurisdiction. It hears appeals from
subordinate courts and tribunals' decisions, decrees, and rulings. Under Article 102
of the Constitution, it has the original authority to hear Writ Applications, which is
regarded as extraordinary constitutional jurisdiction. It has additional original
authority under statutes, such as dealing with business and admiralty matters.
Under Article 110 of the Constitution, the High Court Division has the authority
and jurisdiction to hear and decide cases as the court of the first instance in
extraordinary circumstances.

Court system of China:

There are four types of courts in China. These courts work at different government
levels. The Supreme People's Court corresponds to the central government. High
people's courts correspond to the governments at the provincial level, intermediate
people's courts correspond to the governments at the municipal level, and primary
people's courts correspond to the governments at the county or district level.
Among the five authorities of China, there are court systems in these four levels.
There are no courts at the township level.
The range of authority at any level of government determines the jurisdiction of the
corresponding court. Any case at the county or district will first go to the primary
people's court, and upon further appeal against its judgments, the case will move to
the higher court; so, on and so forth.
Two specialized courts in China are military courts and non-military courts.
China's court structure has primarily four parts; leadership, trial division,
dispatched tribunal, and all other departments.[4]

Differences:

Generally, there are many legal systems, and Bangladesh follows the Common
Law System, where China follows the Civil Law System. These two systems have
differences which are discussed below:

Common-Law System:

Here the Constitution is not always written. In this law system, everything is
permitted except for the one which Law prohibits. If the highest court decisions
need to be overturned, then it is only possible through the same court or legislation.
There is extensive freedom of contract, and only a few provisions are implied in
the contract by Law. In Common Law System, the influence of the Legal Scholars'
writings is less, and the contractual relationship is related to the Private Law.

Civil Law System:

Here the Constitution should be written and based on some specific codes. Except
for the third parties, the administrative and constitutional court's decisions on laws
and regulations are mandatory for all. In this law system, the freedom of contract is
more limited, and many provisions are implied into the contract by Law. In Civil
Law System, the Legal Scholars' writings' influence is significant in some civil law
jurisdictions.

 
References:
 [1] Court system legal definition of Court system (thefreedictionary.com)
[2] Organic Law of the People's Courts (2018) 人民法院组织法 - China ....
https://www.chinajusticeobserver.com/law/x/organic-law-of-the-peoples-courts-
20181026
[3] A Research Guide to the Legal System of the Peoples ....
https://www.nyulawglobal.org/globalex/Bangladesh.html
[4] What is the Court System Like in China - China Legal Research Guide - China
Justice Observer