A Conception Of Establishing The Procedure Of International Judicial Assistance In Criminal Matters

As the most important form in the international judicial cooperation on criminal matters, the International Judicial Assistance in Criminal Matters (IJACM) is playing an increasingly important role in cracking down international and transnational crimination. As the result, it captured world-wide attentions. Studies of judicial assistance in criminal matters will have practical significance in guiding China's practice in the judicial assistance in criminal matters and China's legislation. Since the middle of 1980s, China has signed treaties on judicial assistance in criminal matters and extradition treaties with several countries. The publication and implement of the Extradition Law in November 2000 symbolizes that the system of IJACM in China has taken a standard stride forward. However, to some extent, there are still some problems existing in the present situation of IJACM in China. It is to be regulated in terms of the basic law. This is not only the requirement for the perfection of the law but the needs of judicial practice and criminal judicature's being connected with the international system. In all, everything is ready for criminal judicature to give assistance to law-making standardization. During the process, we should stick to basic principles and institution overcome the difficulties existed present, using what we have obtained. Meanwhile we should analyze objectively the present condition that judicial system can give assistance to legal system and try to find out ways to solve the problems, On the basis of that, the thesis attempts to add international judicial assistance in criminal matters to the criminal law. To throw out a brick to attract a jade. I do hope China can have this law implemented as soon as possible.