I disagree with several aspects of your depiction of the US's "robust court system" (especially in the case of mass surveillance). There have been several attempts by citizens to sue the US Government for their illegal and indiscriminate surveillance programs, but have been stonewalled for years by government lawyers arguing that such cases should not happen in public courts (where they could be held accountable) due to "national security risks". Not to mention that the NSA has their own interpretation of the US Constitution which completely twists the meaning of "collection" to allow indiscriminate mass surveillance to not be seen as "unreasonable search and seizure". Then there's the whole FISA court system, which rejects so few requests that it is in every sense of the word a rubber stamp court. And even if the court system is "robust" -- let's not forget that the PATRIOT Act exists (though it turns out that the NSA actually violated even the minimal restrictions present in the PATRIOT Act).
Now, is China any better? Of course not, and the CCP has countless policies which are far worse to their own people than the US. But the key question is -- do you live in or have any connection to China? If not, then I would go with the CCP surveillance because there is no obvious mechanism for such surveillance to harm you directly. On the other hand, if you live in a 5-EYES country (as I do), any data obtained from US surveillance can be used in parallel construction (or other not-entirely-legal methods). Hell, here in Australia our mass surveillance systems have been used to punish minor infringements such as littering.
Obviously I'd prefer not to be surveilled at all, but between the two I'd choose the one that has the smallest threat of direct impact on my life.