Study On The Alternative Measures Of Extradition

Every year there are plenty of suspects absconded abroad, including many corrupt elements.The absence of a legal basis, the death penalty and torture barriers have make the slow growth inthe number of countries with China signed an extradition treaty. Many states have adopted the"Treaty-preposition doctrine", which makes it more difficult for formal extradition. The defect ofChina’s extradition system is one realistic reason for the necessity of alternative measures study.Alternatives to extradition can be defined as alternative measures which can be used to chase thosewho committed crimes and flee to foreign countries under the condition of existing legal barriersor difficulties.Formal alternative measures have been mainly applied in judicial practice in variouscountries, mainly including repatriating illegal emigrants back to China, investigating the criminalresponsibility of fugitives and persuading fugitives to return to China. This paper explains themeaning, function, significance and defects of those three alternatives, and lists specific cases toelaborate in detail. By contrast, a number of countries still adopt informal alternative measures toextradition which are highly discussed and disputed on international society to achieve the purposeof pursuit, including frauds and kidnappings. United States, as an important player of applyinginformal alternatives, has used them successfully to the "Lord of war" Bout, and China had onseveral occasions been involved in United States-made decoy. Based on the analysis of real-worldcases of fraud and kidnapping, the paper tried to demonstrate the meaning, function andlegitimacy of these two informal alternative measures. Finally, by exploring the values andanalyzing conditions for the application of alternative measures for extradition, the author try tofind the elements of success from the case in the past, sum up experience, and create favorableconditions for China’s judicial organs to pursuit the evasions and achieve the goal ofcriminalization.