| As corruption crime becomes one of the hot topic of globalization,the International Community requires determination and the willingness is more intense,it also drives the deepening and corruption crime contact and cooperation,the United Nations convention against corruption preamble(hereinafter referred to as The Anti-Corruption Convention)known as the footstone of governing corruption for International community,has provided a legal basis for anti-corruption cooperation around the world,its legal status and meaning is tell own tale.In the fourth chapter of The Anti-Corruption Convention article 44 built a relatively complete mechanism of extradition,total cited 18 clauses and go into details to explain extradite criminals of corruption rules.This article's main idea: from a intensive read of The Anti-Corruption Convention's extradition rules in precise,refining clause itself reflects the extradition principles,and the principles of extradition compared with the traditional principles of extradition,in order to explore the succession and development of the principles of extradition.Any other clauses of the Anti-Corruption Convention sets a new standard for parties,revealing states domestic legislation to be line with the international convention,reached the standard of the anti-corruption convention requirements there is a certain distance.Through the difficult situation of returning corrupt criminals to our country,respectively from the our country law regulation,comparing the differences between extradition laws in our country and the anti-corruption convention,the blank "extradition laws" regulation of legislation in our country,to analyze the cause of this situation,put forward the suggestion of perfecting our country's legal system of extradition at last;Contrast China's Criminal Law and the anti-corruption convention,the analysis of our country Criminal Law part does not adapt with the international convention.External aspect,our country and western developed countries have less quantity can be extradition treaties,with western countries lack of legal basis for extradition is another major cause leading to difficult bureau.On this basis,on how to perfect the system of extradition in our country,and analyzing the specific issues of domestic law and international treaties two-way perfect and supplement.This paper is divided into five chapters: the main content for the extradition of reason and introduce the Anti-Corruption Convention to the existence of the specific rules of extradition and its applicable conditions.To study the Anti-Corruption Convention some provisions to clarify crimes specific principle,the principle of consultation,simplify procedure principle,the principle of compulsory measures,the principle of human rights protection.The second chapter main content is first clarify essence as well as the concept,characteristics of extradition.Secondly on the basis of dividing the different connotation and scope of the traditional principles of extradition.Finally,the comparative analysis of the Anti-Corruption Convention is the succession and development of the extradition rules;The fourth chapter main content is on the basis of chapter two,three,analysis the Anti-Corruption Convention extradition principle is presented which divergent of the extension,according to the different period in different states extradition,stretch out the more supplementary provisions and the exception to the rule,and forecast development trend and prospects of international extradition legislation direction;The fifth chapter is the conclusion of this article.The Anti-Corruption Convention is not only for our domestic anti-corruption legal system construction and law practice provides a reference basis,also for our country to participate in international cooperation against corruption provides the basic principles and legal action guidelines,profound positive impact on our country's anti-corruption work. |
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