"Extradite Or Prosecute" Obligation Research

The obligation of “aut dedere aut judicare” was first presented by Hugo Grotius.Itmeans when the country receives the request for extradition; it has to make a choice:deliver the extradited person to the requesting party, or sue the person in their owncountry. This obligation is on the basis of cooperation between the countries and itsgoal is to eliminate the phenomenon of "impunity". Up to now, it has become a veryeffective tool to fight these crimes which are bringing more and more serious threat tothe international community’s important interests.We have to pay attention to many aspects when applying the obligation of “autdedere aut judicare”,for example: the treaty front-install or the reciprocal principle,international written rules and regulations as the only origin, applies only to"extraditable crimes" and the requests for extradition must meet the requested party’slegal requirements;“extradition”or “prosecution”has no absolute priority, and therequested party can choose any one; The subjects of this obligation expand to theinternational criminal organizations from sovereign countries.The obligation of “aut dedere aut judicare” is a complex legal problem, and it hasconsanguineous relation with many other international law problems. In order toapply this obligation better, all of these connections must be analyzed clearly. To bespecific, the connections include the extradition system, countries’ criminalprosecution system, the relationship with universal jurisdiction and criminaljurisdiction, and so on. What’s more, there are some problems to pay attention to inthe case of Belgium sue Senegal, and this essay will discuss them concurrently.This essay analyze our country’s regulations related to the obligation of“autdedere aut judicare”, and make such a suggestion that: as the basic law of the systemof extradition,<The Extradition Laws of the People’s Republic of China> shouldinclude the obligation of “aut dedere aut judicare”, which is also based on thecondition of international criminal cooperation and the unity of domestic legal system.