The Comparison Of Extradition Law System Of China And The United States From The Perspective Of The United Nations Convention Against Corruption

The extradition is the most widely applied way in the worldwide judicial cooperation and assistance between the countries all over the world.Presently,extradition cooperation between different countries are usually based on the bilateral extradition treaty,or some multilateral conventions in the field of extradition.In the history of the United Nations,the United Nations Convention against Corruption(hereinafter referred to as the "Convention")was the first legal document,dedicated to guiding the international community in the struggle of anti-corruption,in which the article 44 of the fourth chapter has a comparatively detailed provisions on extradition system,which not only inherited the contents of the traditional extradition system,also had a major breakthrough on many issues,such as the "principle of non-extradition of political offenders","principle of double crime"and so on.In October 2005,the Standing Committee of China’s National People’s Congress approved to join the Convention,and the Convention has come into force for our country in February 2006.As a signatory to the convention,there is a certain gap with the provisions of the Convention about extradition laws in China in the respects of "principle of non-extradition of political offenders "and " principle of double crime ".In recent years,many criminals have fled to other countries and most of the fugitives chose the United States,Canada and other developed countries as their hiding place.If we want to bring these criminals to justice as soon as possible,it is urgent for our country to cooperate with the developed countries in the field of extradition,especially with the United States.The United States is also a signatory to the Convention and its domestic legal system about the extradition is very close to the relevant provisions of the Convention.As a typical representative of the Anglo-American law system country,the United States adhere to theprinciple of treaty preposition,based on which an extradition treaty between the two countries is the foundation of extradition cooperation.The United States has signed extradition treaties with 110 countries in the world,but it doesn’t have signed the bilateral extradition treaty with our country.Although the United States is the death penalty reserve state,the same as our country,its extradition law is holding the principle of non-extradition of the death sentence and the extradition laws in our country have not yet made clear rules of this principle,which is one of the main reasons for many western countries,who don’t agree with concluding the extradition treaty with China.So,in order to make the escaped criminal suspects to be extradited as soon as possible,we should be in the perspective of the Convention and make the legal system in the extradition of our country to be compared with the relevant provisions of the United States at the same time.Through the comparison,the blemish and shortages about the extradition law system in China can be found,so that we can better improve the legal system and regulations in terms of extradition in our country.In addition,it is also helpful for our country to establish the bilateral extradition treaty with other developed countries,such as the United States,so that the extradition cooperation,will be smoothly developed.Based on the thought above,this thesis can be divided into the following five parts.Part one:Summary of the United Nations Convention against Corruption.The analysis on this issue starts from the background of the Convention.Then specific analysis on theinfluence and significance of the Convention develops from the international cooperation level and the national level.Then,it also expounds the anti-corruption legal system of the Convention.In addition,this part discusses the breakthrough and development,which the Convention bring to the traditional extradition system,through the provisions about the several principles of extradition,such as the principle of double crime and the principle of non-extradition of political offenders.Part two:The research of the theory and practice about the extradition law system in the United States.The United States,like China,is also the signatory to the Convention.this part makes the analysis and introduction about the extradition law system and the legal institutions of the America.In addition,the case of Yu Zhendong,which was repatriated to China by the United States,are introduced from several aspects such as legal basis,legal problems,solving way,and enlightenment.Part three:The present situation and the defects of our country’s legal system of extradition.This part firstly introduces the present situation of the extradition legislation in our country,including the domestic law and the bilateral extradition treaties with other countries.Then the comparison with the American extradition law was made to analyze the lack of legislation and the deficiencies in our country from the principle of non-extradition of the death sentence,principle of non-extradition of political offenders and so on.Part four:Some suggestions to perfect the legal system of extradition in China.Through the analysis of the deficiencies and defects of extradition system in our country in the fourth part,this part puts forward the suggestions specifically to perfect the extradition law system in our country,including identify the relationships between treaties and domestic regulations from the law,improve the bilateral treaty,make the principle of non-extradition of the death sentence clearly stipulated,establish special agencies and so on.