Study On Extradition And Its Substitutional Measures

Extradition system has a long history of over three thousand years. It is the activitybetween nations based on bilateral extradition treaty or convention. When a criminal ofnation A escapes into the territory of nation B, nation A can send extradition request tonation B, asking nation B to send back the criminal to nation A, so that nation A canbring the criminal to trial. Extradition can be regarded as the heal to the conflict ofjurisdictions between different nations, and it is also an important component ofinternational criminal judicial assistance. It has great significance in promotinginternational criminal judicial cooperation and world peace.The study of fundamental principles of extradition is an critical issue of studyingextradition system. It is so important that it may decide the result of an extraditionrequest. The purpose of setting these rules is to regulate the practice of extradition, thusprotecting human rights of ciminals.The traditional practice of extradition is based on bilateral extradition treaty orconventions. However, since international situation has changed, there has appeared twocomplementary forms of extradition, and they are the legal complementary form ofextradition and the so-called extraordinary rendition. Extraordinary rendition means thatone nation can arrest suspects in the territory of another nation without its permission orextradition cooperation. It is quite contraversial because it harms national sovereigntyand violates human rights. It also violates Double Criminality Principle and Principle ofAut Dedere, Aut Judicate. This thesis advises government take measures to prevent thepractice of extraordinary rendition, including insisting on the Presumption of Innocenceand promoting bilateral cooperation on extradition.