A Study On The Extradition In The Perspective Of Prosperity And Prosperity

In recent years, corrupt officials often carry money fled and this has aroused great concern from the society. Corrupt officials fled carrying large sums in the country, the international society has had a very bad effect on both. Large number of assets to foreign countries on the one hand, and hinder the normal operation of economic activities; it also made China’s national image, public credibility, legal authority been severely damaged. In China, the corrupt officials from fleeing and asset outflows have been a hot topic of anti-corruption, pursuit recover booty in China has always been against corruption one of the key tasks of the work, although some results had been achieved, but the situation is still not optimistic pursuit recover booty. In 2014, the efforts of China’s intensified pursuit recover booty. In July, launched a massive global pursuit of recover booty "Fox-2014" initiative in November, APEC Beijing, adopted the Beijing Declaration against corruption, establishment of the APEC anti-corruption law enforcement cooperation network. This fully demonstrates China’s outside pursuit’s firm determination to recover booty. Specifically, our pursuit outside has four paths: repatriation, extradition, immigration law recourse and quanfan in other place. Extradition is an important form of international judicial cooperation in criminal matters, is now pursuing the most formal and regular way. Extradition treaty is the prerequisite and basis for extradition exists. At present, the extradition treaty with our very limited number of countries, and most developing countries, and most of the flight of the corrupt criminals would choose to hide the economically developed countries, therefore, extradition practices in our country because of certain restrictions on does not have an extradition treaty and the extradition between States. In addition, China and Western developed countries in the political system, economy, culture and other aspects of difference, the death penalty is not extradited, political prisoners are not big differences on issues such as extradition, extradition treaty with these countries more difficult and slow process. In addition, according to the analysis, this paper also summarizes other extradition law issues affecting offshore pursuit recover booty. Such as poor maneuverability of a multilateral treaty, "extradition of their citizens", "the death penalty does not extradite" principle constraints, lack of criminal procedure relating to recover booty outside sound mechanisms and lack of clear recover booty outside asset-sharing mechanisms. In response to these issues, this paper outside pursuit recover booty put forward four suggestions. Perfecting the legal basis for extradition; the second is to improve the repatriation and persuading to return system, to continue to explore alternatives to extradition; the third is the flexibility in the use of "commitment cannot be sentenced to the death penalty"; four is the perfect mechanism for direct recovery of assets.