United Nations Convention Against Corruption And The Improvement Of Extradition Legal System In China

As one of the most universal international criminal judicature assistance manner, the system of extradition has experienced the process from the initial seed in ancient times, establishment in latter-days and consummation unceasingly in modern times. The"United Nations Convention against Corruption"is the first legal-instructive international document on counter-corruption, which has been passed by the United Nations in history. there are 18 sections altogether In the fourth chapter "the international cooperation" and the 44th item ,which not only has inherited the traditional principles of dual punishable, extradition treaty front-install and no-extraditing native people, but also has made the significant breakthrough, such as no-extraditing state criminal, no-extraditing native people, and simplifying extradition proceeding and evidence, and so on.As one of signature countries of the "convention", U.S.'S extradition law system approaches with the "convention" extremely. As the representative of English-America legal system, US has been persisting the treaty front-install. And its "Constitution" also stipulated that the international convention has priority ton domestic law explicitly. US is the country which retains the death penalty, but simultaneously it also persists the principle that the death penalty should not been extradited. US has established complex extradition proceeding as well as the simple extradition proceeding. In practice, it uses the principle of dual punish flexibly, and it is also the country which has signed the most bilateral extradition treaty in the world.Compare to the"convention", the "Extradition Law" of our country has a big gap, especially in the extraditable crime scope, the dual crime principle, no-extraditing state criminal and the extradition proceeding. Therefore, we should consummate our country's"extradition law"according to "convention" and the American experience. On the one hand, consummating our "Extradition Law" and the law connected unceasingly; on the other hand, signing the bilateral extradition treaties as far as possible with other signatory states, especially the developed country, in order to cooperate well with the international society .