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The Study On Extradition In International Criminal Judicial Assistance

Posted on:2009-08-12Degree:MasterType:Thesis
Country:ChinaCandidate:Z WangFull Text:PDF
GTID:2166360248954929Subject:International Law
Abstract/Summary:PDF Full Text Request
The international judicial assistance in criminal matters is an international judicial system for governments'cooperative punishing criminal facts.In the present days,along wih the increasing pace of globalization,the increasing nunber of transnational criminal cases and expansion of the scope of intercourse between the states are making the system of international criminal judicial assistance,as an inportant means cracking down on transnational crimes,more important in foreign affairs.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.Among the existing forms of international criminal judicial assistance,extradition has the longest history,most typical proceeding features and most mature theory.It's greater cared by all countries for the more and more rampant crimianl facts.These years,many conventions and agreements about the extradition appear in the world.In which the most representative are the U.N.Convention Against Transnational Organized Crime:the U.N.Convention against Corruption and the Rome Statute.The cooperation of extradition between our country and the others is extending.The promulgation of the Extradition Law marked an important milestone in china's practice in the international criminal judicial assistance.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 convontions,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 paper 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 U.N.Convention Against Transnational Organized Crime;the U.N.Convention against Corruption and the Rome Statute.Thirdly,By the devolopment of contemporary system of extradition,the rules are showing some new features.First,give up or develop on the issue of extradition of the "treaty first".Second,the application of "Nonextradition of political prisoners" is more and more restricted.Third,the terms of protecting human rights are more and more important and specific.Fourth,"Nonextradition of the death penalty" principle has become rigid.Fifth,relax the restrictions on Nonextradition of nationals and use the Simple extradition proceedings.On the end,on the basis of the analysis above,this paper proposes the possible ways to perfect the Extradition Law of the People's Republic of China and correlated criminal provisions.
Keywords/Search Tags:International criminal judicial assistance, Extradition, U.N. Convention Against Transnational Organized Crime, U.N. Convention against Corruption, Rome Statute, Extradition Law of the People's Republic of China
PDF Full Text Request
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