On The Limitations And Measures Of The Extradition

The extradition is the most popular regime on repatriating law-breakers betweennations. After100-year development, the modern extradition develops integratedsystems. There are some bottlenecks when the extradition is implemented in china,because of the differences in legal system between nations, savage torture beingused,and a lot of death penalty clauses in Chinese Criminal Law.Many officials ofcorruption flee the country after committing crime with an amount of money,whichfew are extradited.The judicial officers in china make an attempt at the substitute measures of theextradition,including the measure of repatriating the illegal emigrants back to china,the measure of investigating the criminal responsibility of those who flee by the statefugitive hide in,and the measure of persuading the fugitives to return china.There are some differences between the extradition system and the substitutemeasures of the extradition. The measure of repatriating the illegal emigrants back tochina and the measure of investigating the criminal responsibility of those who flee bythe state fugitive hide in are different from extradition system in legal relations, natureof the acts,purpose and proof obligations. The measure of ersuading the fugitives toreturn china is different from extradition system in the main body of the lead, thedegree of flexibility and so on.How to handle relations of the principle of protection of national sovereignty andprotection of human rights principles is very important in international criminaljustice cooperation. The designers of substitute measures of the extradition balancethe two principles.In order to play a better role in repatriating the fugitives,we should try thesubstitute measures of the extradition.We should decide What kind of measures usedaccording to the different circumstances of the case, the measure of repatriating theillegal emigrants back to china or the measure of investigating the criminalresponsibility of those who flee by the state fugitive hide in. we should analyze thecharacteristics of the measure of repatriating the illegal emigrants back to china,to adopt appropriate strategies to achieve its performance. we should focus on theinvestigation and the recovery of illegal transfer of assets abroad, cutting off thesource of income. we also should apply the measure of persuading the fugitives toreturn china as much as possible.