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The Dilemma And The Wayout Of The Extradition Laws

Posted on:2017-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:L DengFull Text:PDF
GTID:2336330512964589Subject:Law
Abstract/Summary:PDF Full Text Request
As an important system of international communication,Extradition for safeguard national judicial sovereignty,promote the international judicial cooperation,inhibit the crime of flight,common blow across the crime plays an indispensable role. System of extradition law in our country has preliminarily formed, but there are still some problems, such as the system of death penalty?inadequate protection of human rights?the judicial organs lack of initiative?the lack of an extradition treaty with developed countries, etc. These questions still bothering the development of China's Extradition law system, affect our foreign extradition cooperation.Frequently in international communication, improve the legal system of China's extradition, consummates our country extradition legal system has the urgency and necessity. This not only helps to inhibit the crime of flight, strengthening our country judicial cooperation with other countries, improve the status of our country in international relations and initiative, to maintain national judicial sovereignty, also help to promote our country to adapt to the change of international situation, to ensure our country to catch the golden age of extradition cooperation. In solving the realistic dilemma of extradition law system in China, our country still don't have to change the basis of legal principles as The death penalty?The natives extradition principle. For the existence of the dilemma, we should take a roundabout way like expand the extradition treaty country,enhance the judicial organ initiative,to strengthen the foreign negotiate cooperation,use opportunely foreign legal commitment. To achieve the purpose of to curb the criminal flight,safeguarding China's sovereignty,exchanges between Chinese and western cooperation and win-win situation.
Keywords/Search Tags:Reality Dilemma, Win-win Cooperation, Judicial Jurisdiction
PDF Full Text Request
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