On The Forms Of International Judicial Assistance In Criminal Matters

The forms of international judicial assistance in criminal matters refer to the specific measures and methods used in international judicial assistance in criminal matters. It is a relative concept to the principle and jurisdiction of international judicial assistance in criminal matters. There are only a few fruits of the theory research in China as well as out of China. Especially in China, the research stands on the level of the brief introduce, and the research contents only concentrates on the extradition. But the research of the forms of international judicial assistance in criminal matters is very important. The theory research in it not only improves our theory research level, but also can help us to put it into practice. This article tries to give an overall research on it. In the first part, it can tell you the brief history of the form of international judicial assistance in criminal matters. It covers from ancient times to modern times, from modern times to the first world war, and present days; The second part relates to the foundation of the development of the forms of international judicial assistance in criminal matters. This article holds that the foundation includes two aspects, they are the country's interests and the reality needs; the third part refers to the theory classification question. This article stands for a new classification method, which contains three ranks. They are the primary form, the secondary form and the advanced form; In the fourth part, this article investigates the specific contents of each form of international judicial assistance in criminal matters divided by the preceding part; In the last part the article gives four suggestions through the analysis of the losing and gain of China's international judicial assistance in criminal matters.