China And South Korea Extradition System Research - Related Treaties And Domestic Legislation

This article is a Master thesis of comparative analysis China and South Korea extradition treaties and extradition laws, its main object of study is which in 1990 the United Nations"Model Treaty on Extradition","Extradition Law"of China and South Korea as well as 30 extradition treaties of china and 29 extradition treaties of South Korea, its primary coverage of study is extraditable offences, exceptions to extradition and the principle of"aut dedere aut iudicare", conflicting requests of extradition. extraditable offences contain the principle of double criminality, the offence against a law relating to taxation, customs duties, foreign exchange control or other revenue matter and the progressive condition of extraditable offence; exceptions to extradition and the principle of"aut dedere aut iudicare"contain political offence, extraneous considerations, military offence, rule against double jeopardy, prescription, pardon, victim to prosecute, torture, due process and special courts, judgment by default, extradition of nationals, the death penalty, humanitarian considerations; conflicting requests of extradition contain the case of conflicting requests of extradition and the considerations of conflicting requests of extradition.This article, first, author comparative analysis practice of China and South Korea's extradition treaties, the result showed China and South Korea give a very positive function in the international extradition treaty practice, second, Each chapter all proposed only one subject, would categorize and analysis this subject how to prescribe and how to practice in"Model Treaty on Extradition","Extradition Law"of China and South Korea and extradition treaties of china and South Korea. This article would discuss practice of these treaties and reformation of the extradition law, third, this article summarized research results at the each chapter, would provide the advisory opinion for China and South Korea to conclude or join the extradition treaty and reform the extradition law, would have a big contribution for the international extradition treaty practice.Among them, the author thought this article has a unique research results in the offence against a law relating to taxation, customs duties, foreign exchange control or other revenue matter, rule against double jeopardy and"aut dedere aut iudicare". the offence against a law relating to taxation, customs duties, foreign exchange control or other revenue matter should be concluded at the provision of the principle of double criminality; Discretionary refusal of extradition should conclude all of exceptions to extradition; all of exceptions to extradition should link up with"aut dedere aut iudicare".