China Extradition System A Number Of Issues

Extradition has been considered to be an important form in international judicial assistance for a long time. And it's greater cared by all countries for the more and more rampant criminal facts. Many conventions and agreements about the extradition appear in the world during these years, in which the most representative is the "United Nations Convention against Corruption". This convention is the first legal document used to guide the international contending against corruption in the history of the United Nations. It provides a various and strong legal basement for every country to cooperate to fight against corruptive crimes and to extradite corrupt officials.With the development of contemporary system of extradition, the cooperation of extradition between our country and others is extending. But there're still some imperfect aspects in the "Extradition Law of the People's Republic of China" and some correlative criminal legislations. Some aspects are even contrary to the provisions of extradition treaties and international conventions, especially the "United Nations Convention against Corruption". This confines the effect of the extradition in our country and it also brings many difficulties to the work of extradition in our country.Based on the comprehensive systematic exposition of the mechanism for specific provisions on the extradition in the "Convention", this paper discusses the outstanding problems existing in the extradition system, and puts forward the thoughts and suggestions on modifing and adjusting our related legislation. This paper is divided into four parts expect the introduction and conclusion.The first part is the definition about corruptive crimes that could be extradited. By analyzing the differences of specific contents between our related laws and the "Convention", we can adjust and perfect our related legislation. Specifically, this part is about the discussion of the definition of public employees, the identification of the crime of offering bribes and whether extradite the tax crime or not.The second part is about the problem of death penalty free of extradition. China retains the death penalty nowadays, which is a big problem for the cooperation on extradition. This part elaborates the principle of death penalty free of extradition and its importance in the extradition practice, then researches the relationship between this principle and death penalty system in our country. Next it takes account to using the promise of imposing penalty for the extradition, in order to avoid the barrier that the principle of death penalty free of extradition brings.The third part is the content on review procedure of the request for extradition. It focuses on the analysis of problems in double review mode for extradition and standard of proof for judicial review. Then it comes to the recommendation of simple procedures for the review in extradition.The fourth part is about the asset recovery mechanism. Through expounding the asset recovery mechanism in the "Convention", this paper discusses the questions on how to perfect the mechanism of asset recovery by criminal and civil ways.