The Study On Extradition In International Judicial Assistance In Criminal Matters

The international judicial assistance in criminal matters is an international judicial system for governments' cooperative punishing criminal facts. It's an act of justicial bureaus of different countries or areas to help or take the place of each other to complete judicial matters according to conventions or adhering to the principles of mutual benefit during activities of criminal lawsuit. Extradition has been considered to be an important form in international judicial assistance for a long time. And it's greater cared by all countries for the more and more rampant criminal facts. These years many conventions and agreements about the extradition appear in the world. In which the most representative is the United Nations Convention against Corruption. This convention is the first legal document used to guide the international contending against corruption in the history of the United Nations. It provides a various and strong legal basement for each country to cooperate to fight against corruptive crimes and to extradite greedy officers.By the development of contemporary system of extradition, the cooperation of extradition between our country and the others is extending. But there're still some imperfect places in the Extradition Law of the People's Republic of China. Some places are contrary to the provisions of extradition treaties and international conventions, especially the United Nations Convention against Corruption. This confines the effect of the extradition in our country and it also brings many difficulties to the work of extradition in our country. Firstly, this thesis tries to make clear the meaning, scope and history of international judicial assistance and extradition. Secondly, this paper makes a various and systematic analysis about the provisions and principles of extradition in the United Nations Convention against corruption. Thirdly, on the basis of the analysis above, this thesis proposes the possible ways to perfect the Extradition Law of the People's Republic of China and correlated criminal provisions.Lastly, aiming directly at the problems about "crime that could be extradited", principle of "not to extradite for death penalty", "to extradite or to sue", the thesis proposes some unripe suggestions hoping to have some effects on the perfecting of the legal system about this aspect in our country.