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Perfection Of Extradition System In Chinese Corrupt Personnel's Flight

Posted on:2019-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:H LiuFull Text:PDF
GTID:2416330545454325Subject:legal
Abstract/Summary:PDF Full Text Request
Corruption has become the cancer of human society and the chronic social disease which is difficult to deal with for a long time.Combating corruption crimes has always been the focus of our country's work.China has been intensifying anti-corraption efforts to combat corruption.The escape of corrupt people has become a difficult problem in the fight against corruption.The escape of corrupt personnel makes corruption no longer a domestic problem of a country,which has became an international issue that countries need urgently to solve jointly.It requires the countries to carry out extensive judicial cooperation.Extradition is an essential means of criminal judicial cooperation in various countries,which is also a significant assurance for safeguarding national judicial sovereignty and punishing corrupt officials.Therefore,the analysis of the background of cross-border fleeing by corrupt individuals and the in-depth study of the extradition system are very important for safeguarding the construction of the socialist market economic system,maintaining and strengthening China's international status and prestige,and.stabilizing domestic social order and order,which has deeply practical significance and long-term significance.This article is divided into five parts:The first part gives an overview of China's cross-border pursuit of corrupt personnel,analyzes the characteristics and whereabouts of China's corrupt personnel fleeing,and points out the seriousness of corruption in China.To fight corruption crimes,we must increase anti-corruption efforts in order to safeguard our country's Economic foundation,construction of the rule of law,political stability,and the establishment of a good international image of our country are essential for the pursuit of corruption across borders.The second part elaborates on the legal system of China's extradition system from three aspects of our country's,and systematically introduces our country's practice of extraditing corrupt personnel.The third part analyzes the extradition system of the United States,Canada and the European Union,makes up for shortcomings and draws lessons from the experience of the extradition system of the United States,Canada and the European Union,which provides reference for the construction and perfection of China's extradition system.The fourth part mainly expounds the obstacles and major difficulties of extradition system.The first is the traditional restrictions on extraditior,which mainly include "the principle of treaty-front","non-extradition of nationals of the country","the principle of non-extradition of political prisoners" and "the principle of the death penalty's non-extradition" to restrict the practice of extradition in China.The second is too cumbersome of the extradition process.At present,China's Extradition Law has not established a simple extradition procedure,which will reduces judicial efficiency and wastes judicial resources.Third,the lack of evidence for extradition requests will reduce the likelihood of successful extradition.The fifth part is mainly to address the obstacles faced by the fourth part of China's system of extradition of corupted personnel,and put forward perfect suggestions one by one.One is to deal with the issue of extradition principles flexibly,which includes actively seeking negotiation with other countries for the extradition treaty,clarifying the scope of "political crimes",weakening the principle of non-extradition of nationals,and overcoming obstacles to the death penalty without extradition.The second is to simple extradition procedures.Third,we must pay attention to investigations and evidence collection work,and adequately prepare evident materials.Four is use alternative measures for the rational use of extradition.Extradition alternative measures mainly include immigration repatriation,off-site prosecution,and persuasion,which play an indispensable role in the pursuit of corrupt personnel.
Keywords/Search Tags:Anti-corruption, Extradition System, "United Nations Convention against Corruption"
PDF Full Text Request
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