A Study On The Transfer Of Proceedings In International Criminal Matters

The Transfer of Proceedings in Criminal Matters (TPCM for short) is a new styleof international judicial assistance in criminal matters. It is special value in theoryand practice has been gradually recognized by more and more countries. It has beenadopted in “Model Treaty on the Transfer of Proceedings in Criminal Matters”,“European Convention on the Transfer of Proceedings in Criminal Matters” and otherbilateral and multilateral treaties. However, it still has not formed an independent andintegrated system in the whole world, has many problems in the practical use as well.This dissertation will discuss the achievement and issues in development of TPCMduring it applied in practice in the international society.China, the biggest developing country in the world, has gradually developed acomplete legal system. However, TPCM does not extent as far as it could be done,which doesn’t match the role of our country in the whole world. Meanwhile, more andmore cases related to TPCM occur in China. According to “Report on Research ofChinese Overseas (2011)”, the overseas immigrants has exceeded4.5million which isthe most in the world since recent30years. Another report released by ChinaMerchants Bank and Bain&Company shows that27%of the business owners whoseprivate asset exceed100million have migrated to other countries, and47%of themare considering of immigration. Some of them commit the crime of withdrawal the contributed capital or fund raising defraud. With the principle of “non-extradition ofnations”, TPCM becomes a more important method to resolve the problem.I think lawmaking and academic research should be scheduled on TPCM as soonas possible according to the real situation of our country by taking internationalexperience for reference.