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On The Substitute Measures Of The Extradition

Posted on:2011-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhangFull Text:PDF
GTID:2166360305956895Subject:International Law
Abstract/Summary:PDF Full Text Request
The extradition is the most popular regime on repatriating law-breakers between nations. After 100-year development, the modern extradition develops integrated systems. There are some bottlenecks when the extradition is implemented in china, because of the differences in legal system between nations, savage torture being used,and a lot of death penalty clauses in Chinese Criminal Law.Many officials of corruption flee the country after committing crime with an amount of money,which few are extradited.The judicial officers in china make an attempt at the substitute measures of the extradition,including the measure of repatriating the illegal emigrants back to china, the measure of investigating the criminal responsibility of those who flee by the state fugitive hide in,and the measure of persuading the fugitives to return china.There are some differences between the extradition system and the substitute measures of the extradition. The measure of repatriating the illegal emigrants back to china and the measure of investigating the criminal responsibility of those who flee by the state fugitive hide in are different from extradition system in legal relations, nature of the acts,purpose and proof obligations. The measure of ersuading the fugitives to return china is different from extradition system in the main body of the lead, the degree of flexibility and so on.How to handle relations of the principle of protection of national sovereignty and protection of human rights principles is very important in international criminal justice cooperation. The designers of substitute measures of the extradition balance the two principles.In order to play a better role in repatriating the fugitives,we should try the substitute measures of the extradition.We should decide What kind of measures used according to the different circumstances of the case, the measure of repatriating the illegal emigrants back to china or the measure of investigating the criminal responsibility of those who flee by the state fugitive hide in. we should analyze the characteristics of the measure of repatriating the illegal emigrants back to china,to adopt appropriate strategies to achieve its performance. we should focus on the investigation and the recovery of illegal transfer of assets abroad, cutting off the source of income. we also should apply the measure of persuading the fugitives to return china as much as possible.
Keywords/Search Tags:Extradition, The Substitute Measures of the Extradition, The Cooperation in the International Criminal Justice
PDF Full Text Request
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