I'm not sure what you are getting at, but judicial independence is one thing that the USA has (in some quantity) that China has none of. There is no such thing as judicial review in China, if the official class decides to ignore China's constitutional freedoms of speech, religion, and press, then there is no recourse for a court to come in and say, "no, that's not right." Vs. the USA, where the Supreme court comes in all the time and tells presidents and congress what they can't do.

The Chinese government has said multiple times that it believes rule of law is a western imperialistic concept, so it isn't like this is even a goal for them.