On the Necessary Angle and Possition of the Modification of PRC'Criminal Procedure Law——On the Comparision of Criminal Procedure Law and Crimanal Law

The criminal law and the criminal procedure law,as the domestic public law,depict the picture of the whole process of definition,cognizance and penalty of the crime.In view of the development of the legislation of the national and international criminal law and the criminal procedure law we can see that the criminal law in different countries has great diversity,represents distinct national character,presents inflexible national traits,and the unification of the criminal law in the field of international and political religion walks with difficulty;whereas the procedure law in different coountries trends towards the unification and exhibit the sameness.The proportion of the unification of value,conception,principle,system of procedure law in each sovereign state become the common cognition among different nations and is embodied by the international criminal and judicial rules which then become the foundation to be popularized in each country.this article makes the comparative review of the modality of the national and international criminal law and the criminal procedure law,emphasize the argumentation of the reason for the different modality,reveal the different ecological mechanism of the criminal law and the criminal procedure law behind the two modalities for the purpose of giving suggestions on the view and standpoint of the modification of the criminal procedure law in china.