Offences against Property in Chinese Criminal Law and Pakistan Penal Code: A Brief Comparison between Natures of Punishment
Abstract
China and Pakistan are neighboring countries and they not only share border with each other but moral and social values of an Asian society but the modern day legislation of both countries is not the same. The major difference is of their basic legal system. Pakistan is a common law country and follows the Common law legal system that is purely based on statutes. China follows Civil law legal system. In Pakistan, as it is Common law country, everything is described and prescribed in statutes and statutes have set strict boundaries. In China, statutes are enforced but many of the things are left on the discretion of judges. Religion also plays a vital role while comparing both of the legal systems. Pakistan is an Islamic Republic and according to its constitution, no law can be made which is repugnant to the basic principles of Islam (Article 227 of Pakistan Constitution of 1973). In China, there is no such limitation or restriction over legislation.
Full Text: PDF DOI: 10.15640/jlcj.v4n1a9
Abstract
China and Pakistan are neighboring countries and they not only share border with each other but moral and social values of an Asian society but the modern day legislation of both countries is not the same. The major difference is of their basic legal system. Pakistan is a common law country and follows the Common law legal system that is purely based on statutes. China follows Civil law legal system. In Pakistan, as it is Common law country, everything is described and prescribed in statutes and statutes have set strict boundaries. In China, statutes are enforced but many of the things are left on the discretion of judges. Religion also plays a vital role while comparing both of the legal systems. Pakistan is an Islamic Republic and according to its constitution, no law can be made which is repugnant to the basic principles of Islam (Article 227 of Pakistan Constitution of 1973). In China, there is no such limitation or restriction over legislation.
Full Text: PDF DOI: 10.15640/jlcj.v4n1a9
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