Researches On International Criminal Judicial And The Basic Principles Of Extradition

International Legal Assistance in Criminal Matters (ILACM) has become an international hot issue in recent years, and in present China is a key obstacle in our way of becoming a country governed by law. ILACM covers coordinated actions between countries and regions in holding an effective check and executing penalty on international criminal behavior. Directly or under the coordination of international criminal organizations, ILACM is also responsible for certain lawsuit matters. ILACM is carried out by more countries, with its contents more extensive, with its features more distinct, and with its biding rules recognized and accepted by more people around the world. Notably the ILACM, practiced by America and developed European countries, has provided instructive lessons for Chinese legal system. Analyses of the ILACM status quo will bring us a clearer picture of the problems and challenges that we will and have to face.While the main issue of ILACM is extradition of personnel committing related offences. Detailed analyses and studies of the extradition principles including Non-extradition of Nationals, of Double Criminality, of Prisoners of Death Penalty, of Personnel in Human Rights Matters, and of Political Offenders will facilitate our understanding of different political stands in different countries, and will also reveal the defects existing in our judicial system.China has never ceased its effort in urging the extradition of related offenders from the required states, yet the non-extradition cases concerning death penalty, human rights, legal system and the problems in meeting the international standards have all combined to hinder the effective execution of extradition offenders. Chinese legal system is perfecting itself and an increasing number of treaties have been signed with many countries on ILACM and mutual extradition. During these practices, successful experiences have been accumulated in active extradition demands and ILACM practice, yet many lessons have been learned in dealing with those countries, especially those who give priority to treaties in executing extradition cases. Thus China's present focus should be on neutralizing the negative effects on extradition made by those "Treaty Pretage Principle " countries and on mending those defects in our legal system.Based on researches carried out home and abroad, this paper aims at offering reflections and suggestions through studying and analyzing the problems in the status quo in the world.