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The Reflection On The Perfection Of The Extradition System From The Actual Cases

Posted on:2012-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:P F YangFull Text:PDF
GTID:2166330335488367Subject:Law
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China's economy is in transition, at the same time, the construction of legal system and judicial reform are in progress, the goal of protecting social, political and economic stability is important. But in reality, the phenomenon of suspects' fleeing abroad is common. So, many obstacles occurred in the process of extradition. This problem even brings the serious loss of domestic assets. Through two kinds of cases, we can find the difficulty of extradition derived from two factors that is the fiscal crime and the principle of non-extradition of the death penalty. For those two factors, I found the legal reasons and barriers behind the problems. Firstly, China is in the lack of legal basis of extradition cooperation with some countries. Secondly, there are gaps in the area of protection of human rights between China and other countries. Thirdly, compared with judicial features, there are more diplomatic features in the extradition system. So, with the changing of international situation, state relations and the concept of international criminal justice, the extradition system should be perfected. China should establish more treaties in the area of extradition cooperation, at the same time, clear the terms of ambiguity to break the resistance of political, law, and human rights. China should also replace the penalty method and punish crime on the premise of protecting human rights. I believe through these methods, some problems even the protracted dispute will be solved. The objectives of punishing crime and protecting human interests will be achieved.
Keywords/Search Tags:fiscal crime, extradition exception, protection of human rights
PDF Full Text Request
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