A comparative study on the legislative and judicial experience in applying the doctrine in Japan, Germany and China may be helpful toward a perfect discretionary nol pros in China.
比较、借鉴日、德两国有关起诉便宜原则的立法和司法经验,有利于中国酌定不起诉制度的完善。
2
Therefore, the doctrine of the most significant relationship is to be adopted in our contract legislation concerning conflict of laws with proper restriction of judicial discretion.
First, the author introduces the different attitudes towards the doctrine in law circle in China, and points out most scholars and judicial professionals support its adoption.