In the establishment of the concrete names of offences, Germany's criminal law is much more detailed than China's, especially in the establishment of two offences named ″Crime against peace″ and ″Crime against the state of democracy and rule by law″, from which we can borrow ideas.
And the offence of overthrowing the national government in China's criminal law differs from the prescription in Germany's criminal law in whether they constitute offences in nonviolent ways.
Conducts such as insulting and slandering the state leaders, the national flag and emblem are treated as common crimes in China's criminal law while in Germany's criminal law, such behaviors are regarded as crimes against national interest, which seems to be more suitable for law evaluation.
Even after the strengthening by the law of 1997, the German criminal law regarding corruption is no obstacle for cooperation between medical research and industry.
The incomplete crime patterns include criminal preperation, criminal attempt and criminal desistance. Both the mainland criminal law and Macao criminal law define the criminal preperation or preparing act, but the latter is more reasonable as to provision of punishment on criminal preperation. As regard to criminal attempt, the definition of the mainland criminal law belongs to the French criminal law pattern, while that of Macao criminal law can be classified in the German criminal law pattern. The latter'...
Criminal law making originates from society' s need, its amendment is also the result of political and economic development. So amending criminal law in time in order to reasonably define the scope of crimes and degrees of punishment is a important issue to all the countries. This article researches the amendments of Germany criminal law from three aspects : the amendments followed the development of society and the changes of criminal policy, and accompanied development of criminal law theory as well. Chin...
The classification of accomplices in the New Criminal Code of the Qing Dynasty is an unprecedented choice in the history of Chinese criminal law. By rejecting the traditional method of classification and drawing on the spirit of western countries' (especially Germany) Criminal Law theories, legal transplantation--one of the modernizing ways of Chinese Criminal Law has been fully revealed. Efforts have been intended to evaluate the merits and defects of this kind of transplantation, and furthermore to reflec...