Study On Extradition System Of <United Nations Convention Against Corruption>

With the development of economic globalization, corruption crimes are increasingly showing a transational, cross-regional characteristics and the trend of globalization, which prompts the deepening development of anti-corruption international cooperation between countries. <United Nations Convention against Corruption>(Hereinafter referred to as < Convention>) provides basic legal guidance for anti-corruption cooperation of all countries, and exerts an important practical significance in promoting international cooperation in anti-corruption. The second paragraph of article 43 and the article 44 of the <Convention> with respect to the detailed extradition principles and rules about criminal offence of corruption constitute a relatively complete system of extradition mechanism and norms, which not only confirm and supplement the extradition system of the traditional international law, but also further develop and perfect the legal system of the international extradition, thus provide corresponding guidance for the international cooperation between China and other contracting parties within the framework of the<Convention>.In the light of corruption crimes, China has currently formed a relatively complete legal system composed of domestic legislation, bilateral extradition treatiesand international conventions, and has also accumulated some successful practices in carrying out the extradition cooperation with other countries. However, compared to<Convention>, our country’s <Extradition Law> still exists large gaps in the provisions of specific extradition systems such as the condition of extradition, ‘non political’ and ‘non fiscal’ of corruption crimes, ‘aut dedere aut judicare’ and simplified extradition procedures. Under the guidance of the <Convention>, China has showed non-tolerance attitude to the corruption and anti-corruption determination to intensify international extradition work. On the one hand, China is carrying out internal coordination mechanism, on the other hand, strengthening international cooperation of anti-corruption law enforcement, while there are still some difficulties and problems in the overseas judicial practice. Those problems can be summarized as follows, the lack of legal basis when carrying out the extradition cooperation with other countries, the death penalty hampers international cooperation, etc.According to the flaws of the legal system of extradition in our country and the difficulties and problems faced in the abroad pursuit judicial practice, there are some significantly indispensable countermeasures to perfect our country’s anti-corruption extradition system, such as modifying <Extradition Law> in our country, actively concluding the extradition treaty with foreign countries and taking corresponding measures to overcome the obstacles caused by the death penalty in the extradition practice.