Just because there isn't "the party" making decisions in the US doesn't mean that there isn't a lot of flexibility in when and how the law is applied. It just gets left up to the local sheriff or prosecutors.
But that doesn't mean that the legal system in the facist dicatorship of China is comparable in any way to a proper democratic judiciary.
Chinas system is an unconstitutional state by definition.
Just because there isn't "the party" making decisions in the US doesn't mean that there isn't a lot of flexibility in when and how the law is applied. It just gets left up to the local sheriff or prosecutors.