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Double Criminality

Posted on:2007-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2166360212978123Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
"Yuanhua Smuggling Case"in Xiamen astounded the whole country with its huge asset concerned, while the"Lai Chang Xing Extradition Case"afterwards further aroused the country's unprecedented attention to the issue of extradition. A sound understanding of basic principles of extradition at first , helps answer the question"why so difficult to extradite criminals that fled overseas?"Among all other principles, Double Criminality is an indispensable and affirmative one, therefore it plays a key role in enabling a successful extradition case or not. The author starts with the research of Double Criminality, its concept, foundation, application standard, application mode, censorship, limitation, etc, and further heads for a route which facilitates successful extradition applying Double Criminality and its negative principle. As we can see from the extradition cases in China, Double Criminality favored some successful cases greatly, while prevented some others substantially. Thus, the cases in accordance with Double Criminality are unnecessarily all successful. China faces much difficulty particularly when as an active extradition country. Aiming at this problem, the author gives an analysis at the direction of Double Criminality, in the hope of drawing causation, posing countermeasures, and being of some help in promoting solution of this problem.What the Foreword said is an introduction of extradition and its basic principles, among all principles Double Criminality is the key role and its essentiality. This paper is composed of three chapters: Chapter One: knowledge of Double Criminality, including its concept, theoretical origin, application standard and so on; Chapter Two: expatiation of practice, applicable module, exception, restriction and censorship of Double Criminality; Chapter Three: causation discussion and countermeasures exploration for promoting solving the problem that China faces as an extradition active country.
Keywords/Search Tags:Extradition, Double Criminality, The Difficulty of Chinese Active Extradition
PDF Full Text Request
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