A Study On The Perfection Of Legal System Of Transfer In Mongolia

With the development of economic globalization,the increasingly close exchanges between countries,including economic,political,cultural and judicial exchanges and other fields,and in these areas of transnational crime rate showed a rising trend,as a means of international criminal judicial assistance in criminal sentenced person system of the transfer of sentenced persons came into being.The system of the transfer refers to a foreign criminal crime in foreign countries,the foreign based on national law on the trial and sentenced to punishment,criminal foreign nationality or residence of the transfer application to the country after the sentencing,and foreign criminals to the foreign country sentenced the prisoner to the requesting state to perform the remaining the punishment The penalty.This system is mainly based on the humanitarian spirit and in the current international criminal policy guidance,let the sentenced person back to serving the familiar environment,so that in the future after the return to society can quickly adapt to the social development,but also is convenient for the relatives to go to prison to visit,so that the sentenced person in a more humane environment transformation.Although the system belongs to the international criminal judicial assistance and extradition,but the distinction,recognition and enforcement of foreign criminal judgment effect and deportation system in essence.The transfer of sentenced persons to implement management system,whether it is of great importance to the country.Or the implementation of country,especially for The sentenced person himself,brought the role is self-evident,but also conform to the current trend of development of international criminal justice.The implementation of the system must follow the mutual respect for sovereignty and jurisdiction,a crime punishment no longer principle,and is conducive to the principle of dual criminal sentenced person principle.This article mainly from the following three chapters on the Mongolia’s transfer of sentenced persons to improve the legal system of the tube were explored.The first chapter is the introduction of the relevant international treaty on the transfer of sentenced persons from the system,the system of meaning,evolution and development trend of history and its base in the international treaties of the characteristics and other aspects,first make a frame of understanding of the system of readers;the second chapter is based on the previous chapter,on the Mongolia’s prison system of the transfer of the existing problems are analyzed,mainly from the international treaty in Mongolia on the domestic and foreign status of legislation signed and joined the international the convention this aspect angle Analysis of Mongolia’s existing problems in the establishment of the system;the third chapter is based on the previous problems,put forward some suggestions to improve Mongolia’s necessity and the transfer of sentenced persons system.At present about Mongolia’s transfer of treaty and the shift of domestic law regulatory system is basically blank,so this this paper is to study the problem.