A Study On Problems Of Criminal Judicial Assistance Between China And Korea

Nowadays,with the development of transportation and communication,the exchange of human and material resources between countries is greatly increased in the world.On the negative aspects of the expansion of these exchanges,the phenomenon of the internationalization of crime is intensified.Particularly,organized transnational crimes such as terrorism,drug smuggling and other crimes that threaten humanity constantly occurred.Meanwhile not only are the number of fugitives who commit crimes in their own countries and flee abroad increasing but also the number of their own people serving time at detention facilities abroad for committing crimes overseas is on the rise.International criminal judicial assistance in a broad sense is a method that has been introduced to suppress increasing international crimes as noted above,to extradite fugitive criminals or punish by the transfer of proceedings in criminal matters and to protect prisoners of their own country in custody abroad.However the implementation of that involves important matters concerning criminal sovereignty of nation,so it cannot be achieved by the efforts of one nation alone,must be grounded with cooperation of international communities and understanding of between nations.As a result,multilateral or bilateral treaties are signed to ensure a smooth international criminal judicial assistance.China and Korea have establishedcontinuous exchanges due to the geographical proximity between the two countries.Especially,since normalization of diplomatic relations onAugust 24,1992 Cooperation has been strengthened in various fields due to cultural similarity and mutually complementary economic structures.On the other hand,the number of economic criminals and drug offenders between the two countries is continuously increasing,both countries serve as escape from criminals and the number of inmates is also increasing.Hereupon,China and Korea,Korea and Hong Kong respectively signed treaties on mutual assistance in criminal matters,extradition treaty and treaty on the transfer of sentenced persons and are implementing criminal assistance at present.This study is arranged in sequence to lay out the current state of criminal judicial assistance,problems and the direction of development between the two countries,also is composed largely of three parts.The first part introduces an overview of criminal judicial assistance between China and Korea.First,it introduces the legal ground and basic principles of international criminal judicial assistance,and then introduces domestic regulations of China and Korea respectively.The second part introduces the bilateral and multilateral treaties the China and Korea have sighed,and then introduces cases of criminal judicial assistance between the two countries.It then analyzes the problems of criminal judicial assistance between multiple regions of China and Korea,China and Korea.The third part introduces the direction of development between China and Korea.First,analyzes the examples of United States and the European Union by comparison,and then suggests the direction of development.I hope this study will help the two countries fulfill the close and progressive crim inal judicial assistance and achieve their common goals of criminal judicial purpose to prevent and suppress crime.