A Study On International Criminal Judicial Assistance On Extradition Issues

The thesis is composed of five parts except for the introduction. Two aspects can be divided as a whole:first one includes the analyses of the definition of extradition, the history of extradition, the content of modern extradition systems, and the new development of international rules on extradition cooperation. In this way, the thesis strives to present the panorama of extradition systems; the second, the achievement of extradition legislation as well as the inadequacy in judicial practice in China is analyzed by investigating the situations of legislation and judicial practice on extradition. On this basis, approaches that active judiciary can apply in China are proposed.The first part is the definition and historical research of extradition. This part will start with presenting the definition of extradition, then analyze the features and properties of it, finally dissect the historical development of it on the purpose of a further understanding of the definition of extradition.Modern extradition systems, introduced from four aspects, namely, extradition subjects, extradition principles, extradition bases, and extradition procedures, are presented as the contents of the second part.The third part describes the new development of international rules on extradition cooperation. This part will summarize and induct the new-born cooperation rules on extradition, which emerge from the extensive launching of cooperation extradition among countries. Some phenomena such as abandoning or bending "the treaty preposition doctrine" on extradition issues, more restrictions in the scope of "no political prisoners extradition", the principle of "no death sentence extradition" changing into rigid principles, less restrictions concerning one’s own nationals, and encouraging to apply simple extradition procedures are mainly involvedThe fourth part involves the investigation of situations of extradition legislation and judicial practice in China. This part analyzes the achievement and inadequacy of extradition from three respects, including the international treaties that China engages in, the main content of Extradition Act of China, and the problems that appear in extradition legislation and judicial practice in China.The fifth part is the countermeasures for extradition legislation and judicial practice in China, which are proposed from the following perspectives:the extradition principles, extradition procedures, the relationship between different related laws, the ownership of inspection rights of extradition cases, etc.