The New Developments In The Chinese Legal System Of Extradition

In recent years,with the development of further economic globalization, theinternational exchange deepen forward, transnational crimes become more, the exodusof criminal are increasingly serious, request for the extradition case between countriesalso always increase.The extradition is that in its jurisdiction a sovereign state, according to the requestof the concerned countries, will hand the crimes who was chased or wanted overconcerned countries for judge or punishment. The extradition is important system fornational judicial cooperation to against crime, it is also great significant for upholdingour country’s jurisdiction, combating transnational criminals and extraditing thecriminal suspects. However, with the change of international relations the developmentof the situation, the extradition is faced with many new problems.The smuggling case in Xiamen is the largest economic crime since1999. Theministry of public security of our country on this case launched a thorough investigation,before catching Lai Changxing, but Lai fled to Canada with the visa. In order tocomplement this case, our country stepped on the road of this extradition sustaining12years. Lai eventually was repatriated successfully, ending this long road of theextradition. In the12years, our country published 《Extradition Law of the People’sRepublic of China》, signed a series of extradition treaties and agreements, constantlyimprove our country extradition system, and promote the development of theanticorruption work in China. However, at recent stage, our country active extraditionsystem still exist many problems, the death penalty hinder our country of extraditiontreaties concluded and judicial cooperation development.In order to adapt to the need of combating transnational crimes, improve thesystem and initiative to adapt to the modern international extradition extraditionenvironment, which appears particularly important. In the future extradition practise,our country should constantly perfect our 《Extradition Act》 to fill the blank of our legislation. Furthermore, our country should constantly improve our country’s judicialenvironment, strengthen the protection of human rights, set up the judicial justiceinternational image, timely and appropriate for the various countries consultations, andactively contribute to the extradition treaty concluded, the infringement of nationalinterests in our country criminal extradition to return home. Finally, based on this, weshould also expanding channels, grope for extradition system alternative measures, setup necessary consultation mechanism and procedures, solve the problems in theextradition cooperation and conflict, and constantly improve and develop our activeextradition system, to carry out cooperation for our country criminal justice lay a goodfoundation.