Abstract
As a novelty, the procedural elements of substantive criminal law have attracted more and more attention in German and Chinese criminal law in recent years. The reason for this is that, on the one hand, procedural criminal law offers the possibility of impunity for the addressee of the norm due to the continuous tightening of criminal law, and on the other hand, procedural criminal law strengthens the ability to communicate and learn with other disciplines and provides the increasingly complex facts with a feasibility concept. This thesis aims to examine the procedural elements of criminal law from the perspective of comparative law between Germany and China. The article first deals with the phenomenon of procedural criminal law and then analyzes the background for the proceduralization in criminal law from the development tendencies of the rule of law concept and criminal law under systems theory. On this basis, the article summarizes the concepts and functions of procedural criminal law in both countries and shows the dilemma of constitution and criminal law that urgently need to be solved.
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