Research On The Establishment Of International Criminal Judicial Assistance Of PRC

For some time past, more and more malfeasant fled to other country, which becomes a great issue affecting the international image of China and also a tough challenge to the development of Chinese judicial system. If we could make further achievement in the area of international judicial assistance, it will provide powerful legal measures to prevent the malfeasant from fleeing. Therefore, it is of tremendous theoretical meanings and practice value to discuss this issue specifically.International criminal judicial assistance refers to activities between sovereign states, whereby assistance or service as proxy is offered in handling of criminal proceedings or execution of criminal entity rights pursuant to relevant international treaties or reciprocal principle. International criminal judicial assistance originates from remote antiquity and was expressed in the Code of Hammurabi promulgated by Ancient kingdom of Babylon 18 Century BC. After gradual development of years, modern international criminal judicial assistance comes into being. In China, delivering escaped criminals is prevailed among vassal countries early as Zhou Dynasty. Since the performing of reform and opening up in 1979, China has entered into more than 40 treaties relating to criminal judicial assistance with France, Poland, Belgium, Mongolia etc.International criminal judicial assistance can be divided into two forms: primary form and higher form. Primary form includes: proxy investigation of evidence, proxy search and seizure, inquiry with participants of litigation, summons participants of litigation to the court and service of documents. Higher form includes: extradition, transfer of criminal proceedings, and recognition and execution of foreign rulings. International criminal judicial assistance starts late but develops very fast. Based on the international treaty China has entered into and the practice in this area, the scope of international criminal judicial assistance carried out in China includes: service of documents, proxy investigation of evidence, summons participants of litigation to the court outside of China, transfer of criminal proceeds and reporting of litigation information. Currently, the mainly problems we are facing with in international criminal judicial assistance are: lack of domestic legislation and judicial concept, vaguer function allocation of authorities, the difference of legal system between China and other countries, the inconsistence between assistance treaties China has entered into and domestic criminal legislation and the legislation method of international treaties to be regulated. To adapt the demand of development of international criminal judicial assistance, the following should be done in the current stage: coordinate relevant legislation; coordinate authorities in this regards and establish procedures for checkup and manipulation.