The Research On The Theory And Practice Of China’s International Criminal Judicial Assistance System

International criminal judicial assistance is activities between sovereign states or regions, whereby assistance or service as proxy is offered in handling of criminal proceedings or execution of criminal entity rights pursuant to relevant international treaties or reciprocity. It is of great importance both diplomatically and judicially. In the era of information, with the rapid development of economy, society, science and culture, international crimes also increase. As the most important form of international criminal judicial cooperation, criminal judicial assistance plays a key role in the fight against international and transnational crimes, thus drawing general attention all over the world. The research on the construction and reform of China’s international criminal judicial assistance system is very essential. On one hand, it can enrich the relevant theory. On the other hand, it has important practical significance to the legislation and practice of China’s international and even interregional criminal judicial assistance.There are four chapters of the thesis. First I conducted a comparative study on the theory of the international criminal judicial assistance, and then took an outlook of its development trends, followed by pointing out current problems and dilemma facing China’s practice. In the end, I came up with suggestions and solutions through analyzing and summarizing the practical experience both domestic and aboard.In chapter I, the mainstream theories of the international criminal judicial assistance were overviewed, expounding the concept, classification and lawsuit characteristics. Then I discussed the basic principles and legal basis of the assistance. In the study of the general procedure of international criminal judicial assistance, I proposed that it should be clarified on the basis of common practice while taking into account the specificity of treaties.In chapter II, I looked into the prospect of international criminal judicial assistance, and concluded as follows:First, multilateral cooperation will become the development direction of international criminal judicial assistance. Second, cases of "assets recall" will increase largely. Third, means of assistance will be more diverse and flexible. Four, international organizations will have a greater influence. In addition, one thing must be pointed out that the human rights protection is and will always be through the history of international criminal judicial assistance.In chapter III, the development history, legal basis and scope of China’s international criminal judicial assistance were introduced. Based on that, I presented many existing issues and obstacles when carrying out international criminal judicial assistance. In my view the interaction among a variety of factors such as the politics, laws and judicial institution, is the main reason for causing the problem.In the last chapter, suggestions and methods of problem-solving were put forward by summarizing the practical experience of criminal judicial assistance, and by drawing on the outstanding foreign legislative achievements. Finally, the thesis concluded that we must seize the opportunity to actively expand international cooperation and continue to promote the process of the rule of law, strengthening legislation and institution-building, improving the censorship, deepening the study of legal theory and methodology, and at last steadily pushing forward the internationalization of the Chinese criminal proceedings.