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Extradition System in China

Author: ZhaoJunFeng
Tutor: ChenZeXian
School: Graduate School of the Chinese Academy of Social Sciences
Course: Legal
Keywords: Extradite United Nations Convention against Corruption The crime of corruption
CLC: D925;D998.2
Type: Master's thesis
Year: 2011
Downloads: 219
Quote: 0
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Abstract

Extradition, a long history as an important way of international judicial assistance in the increasingly rampant transnational crimes, more and more national attention. In recent years, the international community appears many conventions and agreements involved in this important content, which is the most representative of the United Nations Convention against Corruption. The Convention is the history of the United Nations adopted the first legal document used to guide the international anti-corruption struggle, for countries to cooperation in combating the crime of corruption, comprehensive and effective legal basis for the extradition of corrupt officials. With the continuous development of the modern system of extradition, China is also actively expanding cooperation on extradition with other countries. However, of the Extradition Act and related criminal legislation still exists imperfections, contradict some provisions even with China's accession to the bilateral extradition treaties and international conventions, in particular the provisions of the Convention, which greatly limits our the effectiveness of the extradition of criminals, added a lot of unnecessary difficulties for our extradition. This paper to conduct a more comprehensive and systematic exposition of the specific provisions of the United Nations Convention against Corruption on extradition mechanism, based on a comparative analysis, specific Comment of the outstanding problems in our extradition system, and proposed amendments and adjust our legislation to perfect the the extradition system thinking and recommendations. Removed by the introduction and conclusion, this article is divided into four parts: The first part of the definition of extraditable crime of corruption-related content, the main differences of China's relevant laws with the Convention on the specific provisions of the extradition of corrupt crime analysis and reasonable place to learn from the Convention on the revision and improvement of relevant legislation content. Including Discussion about the definition of \The second part is the problem of the death penalty does not extradite long since the death penalty is our country, a big problem for cooperation on extradition. Mutatis mutandis, that the part through elaborate international law on the death penalty does not extradite the principles and their importance extradition practice, and thus the death penalty does not think extradition principles and the relationship of the death penalty system in China, and the principle of non-extradition of actively seeking the death penalty through the use of to avoid the death penalty sentencing commitment to the practice of the principle of non-extradition of the adverse impact of extradition practice. The third part is a review process of the extradition request, and focus on the problems in the double extradition review mode, and the standard of proof for judicial review analysis, and put forward the recommendations of the difference between the applicable summary extradition review. The fourth part is the request for extradition asset recovery, the part of the combination of the \

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