It occurs very often among peoples of well-developed cultures, that they usually influence one another so far as their facticities and institutions are concerned. The case is the same with respect to the establishment of legal institutions and the founding of social order. The present paper compares the modem criminal legislation of Japan and China in regard to their incentives, processes and effects. It is expected that the said efforts will be able to discover the limits and defects in our conventional legal culture and will be helpful to our legislative policy-making and the development of our legal system in the future.