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The Study Of Principle Of Double Criminality In The International Criminal Law

Posted on:2013-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:X YinFull Text:PDF
GTID:2246330362473337Subject:Law
Abstract/Summary:PDF Full Text Request
In today’s world, the trend of economic globalization more and more obvious,which makes the world co-operation in other areas also gradually deepens, countries inbenign cooperation under the premise of common development. However, with therapid development of economy, the trend of internationalization of crime is more andmore serious. International crime is a complicated problem, which involves manydifferent problems, involves the interests of the state, thus not only rely on a country’sown power to solve, which requires countries to conduct judicial assistance, to dealwith. in this case, the effect is obviously the extradition, extradition is an effective wayof criminal judicial cooperation, but also is a special international procedure, theimplementation of the requirements of extradition between China and mutual aid andcooperation, at the same time in practice, extradition is also formed its own rules andprinciples, these rules and principles is conducive to better implement the extradition,but also conducive to safeguarding the interests of all countries, so many countriesgenerally recognized. Furthermore, in the international community,this principle hasbeen recognized, for our common and sanctions against international crime provided abetter way. Extradition is the prime condition of consistent with the principle of doublecriminality, also known as" the same charges principle" or" extradition principle theprinciple is the same" extradition system rigidity principle, it is helpful for the statemutual cooperation on Extradition plays a vital role in.National crime and transnational crime have to be solved.countries all over theworld have paid attention to it.It is threatening the development and peace of theworld.in the introduction.I analyze the position and practical significance of principleof dual criminality in mutual legal assistance in criminal matters from the function ofit.This article is divided into three parts.Firstly,summarize the historical process of itfrom the basic system. Evaluate the origins and foundations of its development fromthe theory.Secondly,pay special attention to the limit of it.Thirdly,complete part two,to found the shortcomings of principle of dual criminality by analyzing its limits,thus, found aspects that can possibly be completed and eventually to use it morerightly.
Keywords/Search Tags:extradition, criminal law, international criminal judicialassistance, principle of dual criminality
PDF Full Text Request
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