Researches On Criminal Judicial Assistance

Criminal judicial assistance, as an important part in the state relations, is an effective extension of a state's juridical power out of its territory, having significant value diplomatically and judicially. Studies of criminal judicial assistance will have practical significance in guiding China's practice in the criminal judicial assistance and China's legislation and judicial practice in terms of interregional criminal judicial assistance.This dissertation consists of two parts, ten chapters. The first part is about international criminal judicial assistance. It discusses about the concept, scope and lawsuit features of international criminal judicial assistance; the basic guideline of international criminal judicial assistance; the development tendency of international criminal judicial assistance; and some problems touched in international criminal judicial assistance, such as extradition, transfer of proceedings of a case, and recognition and execution of foreign rulings. The second part is about the international criminal judicial assistance vs. China. It discusses about China's practice in international criminal judicial assistance; the major problems facing China in this field; proposals of China's steps in the development of international criminal judicial assistance; application of criminal judicial assistance in interregional cases; and major and tough problems related with the interregional criminal judicial assistance, such as transfer of fugitives, and definition of common legal jurisdiction.International criminal judicial assistance is activities between sovereign states, whereby assistance or service as proxy is offered in handling of criminal proceedings or execution of criminal entity rights pursuant to relevant international treaties or reciprocal principle. From the angle of content, applicable conditions and procedures, such assistance may be classified into six major categories, service of documents, reporting of information, investigation of evidence, extradition, transfer of criminal proceedings, and recognition and execution of foreign rulings. International criminal judicial assistance, as a legal action, has three major inherent features: coordination ofinternational law and domestic laws, complementation between the treaty obligations and reciprocal principle; and unification of judicial review and administrative review.Through long-term judicial practice over the decades, some basic and generali/ed rules have been formed in the international criminal judicial assistance, thus forming the basic principles of the international criminal judicial assistance. They are: the principle of sovereignty of each state, the principle of equality and reciprocity, the principle of legislation, the principle of specificity, and the principle of protection of human rights. Under the guide, restriction and control of these principles, the international criminal judicial assistance is systematically rendered.In the present days, along with the increasing pace of globalization, the increasing number of transnational criminal cases and expansion of the scope of intercourse between the states are making the system of international criminal judicial assistance, as an important means cracking down on transnational crimes, more important in foreign affairs. Some new development tendencies are appearing in this field. First, the scope of criminal judicial assistance is broadened. Second, the legislative regulations are developing rapidly. Third, the international organizations are playing a more important role in the practice of international criminal judicial assistance. Fourth, criminal judicial assistance is playing an increasingly important role in the relation of states. Fifth, the scope of human right protection is further expanded. Finally, the procedures in criminal judicial assistance are moving towards simplification.Among the existing forms of international criminal judicial assistance, extradition has the longest history, most typical proceeding features and most mature theor...