Research On Aut Dedere Aut Judicare Principle

Aut dedere aut judicare principle, which is generally regarded as the result of criminal judicial assistance, is typically defined as: the Contracting State in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory , to submit the case to its competent authorities for the purpose of prosecution .Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State. With the development of hundreds of years, transfer of sentenced persons, extradition or surrender upon return etc have been designed based on aut dedere aut judicare principle.Comparing with the flourishing research and progressively practice, to be regretful, the principle has not been paid much attention in China.There are four chapters in this essay. The first chapter is to excavate the historical roots, theory foundation of aut dedere aut judicare principle and the relationship with universal jurisdiction; the second part is to excavate the its theory roots and to dig out the relationship between extradition, prosecution and the obligation of State Party; the third part is to reveals the relationship between non-extradition of political crime, non-extradition of Nationals; the fourth part is to reason that there is no barrier in using aut dedere aut judicare principle and the starting procedure in China; the end of this essay is to dope out the trend of this principle.