The paper compares Chinese and Japanese theories and practices relating to the violation of law and tries to explain why Japan has taken a monist approach while China has taken a pluralist approach on this issue and w...The paper compares Chinese and Japanese theories and practices relating to the violation of law and tries to explain why Japan has taken a monist approach while China has taken a pluralist approach on this issue and why basically the same types of criminal punishment have not led to basically the same theory on the violation of law in the two countries. The author analyzes the characteristics, advantages as well as disadvantages of the Chinese and Japanese legal systems in this respect and put forward relevant legislative proposals.展开更多
文摘The paper compares Chinese and Japanese theories and practices relating to the violation of law and tries to explain why Japan has taken a monist approach while China has taken a pluralist approach on this issue and why basically the same types of criminal punishment have not led to basically the same theory on the violation of law in the two countries. The author analyzes the characteristics, advantages as well as disadvantages of the Chinese and Japanese legal systems in this respect and put forward relevant legislative proposals.