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From Chinese Extradition Policy To Find The Improvement Of Chinese Judicial System

Posted on:2019-08-13Degree:MasterType:Thesis
Country:ChinaCandidate:Yin JaysonFull Text:PDF
GTID:2416330545480232Subject:LL. M. Chinese Law
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Extradition plays a crucial role in many countries in their fight against the crime.As the development of the extradition system in the world,there has been gradually formed a series of international standard of justice,including the legal conditions about non-extradition.Also,the extradition is related to national sovereignty and human rights protection.China ' s economy is developing,meanwhile the construction of legal system and judicial reform are in progress.I found there are two main factors make difficulty of Chinese extradition which are fiscal crime and principle of non-extradition of death penalty.For these two reasons,I roughly found the legal reasons and barriers behind the problems.First,China seems lack of legal basis of extradition cooperation with some countries.Second,there are gaps of protection of human rights between China and other countries.Third,compared with judicial features,there are more diplomatic features in the extradition system.There are difficulties when China requires extraditing offenders from oversea,especially from Canada and United States,since there are no treaties between these countries.As a Canadian,I am more confident when compare Canadian and Chinese criminal judicial system,therefore I try to find out the reasons behind the case of Lai,Changxing which happened between Canada and China,also explore the issues of China's judicial system.At the last of this essay,some suggestions are provided.As extradition refers to criminal matters,the Criminal Law and Criminal Procedure Law also should be discussed.When talking about the Criminal Procedure Law,the unfairness of criminal reconciliation would be mentioned.The Criminal Law and Criminal Procedural Law need to be improved.As we know,legal reforms have helped to facilitate economic development,and also to balance development with efforts to address rising inequality.The Chinese judicial reform today may require greater institutional reform,both inside and outside the judicial system.
Keywords/Search Tags:Extradition, International Cooperation, Criminal Procedure Law
PDF Full Text Request
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