Research On Perfection Of Penalty Commitment System In China’s Overseas Tracing

In recent years,as China has continuously strengthened its efforts to pursue international pursuits,it has achieved considerable results so far.According to statistics,in 2015,China recovered a total of 863 fugitives from more than 60 countries and regions.In 2016,it recovered a total of 381 fugitives from more than 40 countries and regions.In 2017,it retrieved more than 90 countries and regions.A total of 3866 people work there.In the pursuit of overseas flights,the sentencing commitment system occupies an increasingly important position.Any suspects who are recovered through extradition basically involve the sentencing commitments reached between China and the requested country.This phenomenon is caused by the differences in the legal system of the inter-subjects of international law,especially the penalty system,and the application of the sentencing commitment system precisely solves this problem.It also provides a bridge for extradition between the requesting and requesting countries.The system has not only promoted the smooth development of China’s overseas flight,but also facilitated international criminal judicial cooperation.However,so far,the sentencing commitment system has not received enough attention in our country.Since the implementation of the "Extradition Act" in 2000,the legislature has not stipulated a complete system for the sentencing commitments.It only implied the existence and application of the sentencing undertaking system in a legal clause.This will lead to A series of problems have emerged: the legal status of the Extradition Act is relatively low,and there is a possibility that the sentencing commitment system will be replaced by high-ranking laws when it is applied;part of the content of the promise of sentencing has not been clarified,and this may be caused in judicial practice.The application of the system is difficult;the sentencing commitment system lacks legal procedures,and there is no complete implementation system and implementation mechanism,such as initiation,trial,and execution procedures,which will also lead to difficulties in its application;supervision and supervision between lower and higher courts.Relations,the principle of non-extradition of the death penalty,and the duration of the criminal case may lead to a distinction between the outcome of the case and the country’s sentencing commitments to the requested State;the lack of an extradition treaty or agreement with the requested State may result in the requested State’s refusal to extradite it to China suspects.This series of problems will eventually lead to the use of sentencing commitment systems.Combining the actual conditions applicable to China’s national conditions and the system of sentencing commitments,the path for improving the sentencing commitment system in China’s overseas pursuit is mainly to: pay attention to the “Extradition Law”,improve its legal status when conditions are ripe,and clarify the content that has not yet been clarified in the sentencing commitments.Establish statutory sentencing commitment procedures,such as initiation,trial,enforcement,protest,review,etc.;to bridge the gap between trial outcomes and sentencing commitments;seize opportunities to sign extradition treaties or agreements with other international law subjects.