The Research On The Transfer Of Fugitive Offenders Between China Native And Hong Kong

The report of the 19 th National Congress of the Communist Party of China mentioned that "maintaining the long-term prosperity and stability of Hong Kong and Macao and realizing the complete reunification of the motherland are inevitable requirements for realizing the great rejuvenation of the Chinese nation.In recent years,the Mainland and Hong Kong have developed rapidly in the judicial cooperation between civil and commercial matters,but they have long been stuck in the issue of criminal justice assistance,especially the transfer of fugitives in the two places.The lack of theoretical guidance of the upper-level law and the imperfection of the legal assistance mechanism have made both sides.This transfer activity showed great instability and arbitrariness.This kind of realistic judicial requirements and the asymmetry of backward theoretical research have determined the in-depth discussion of the intrinsic value of solving the problem of the transfer of fugitives between the mainland and Hong Kong.This paper systematically sorts out the basic theories,problems and causes of the transfer of fugitives between the mainland and Hong Kong.At the same time,it studies,explores and draws on the EU arrest warrant system,and combines the actual situation of the two places to summarize the mainland and Hong Kong.The basic principles that should be followed in the transfer of fugitives and the solutions to be taken should be detailed and specific,and the most appropriate solution for the transfer of fugitives in the two places is proposed.First of all,the first part of the article mainly clarifies the basic theory related to the transfer of fugitives.After analyzing the concepts and classifications of criminal justice assistance,the concept and nature of fugitive surrender and the distinction between fugitive transfer and other similar concepts are elaborated,so that the issue of fugitive transfer between the mainland and Hong Kong can be clearly defined..Secondly,this article has comprehensively combed the current situation of the transfer of fugitives in the Mainland and Hong Kong and the causes of the problems.The author believes that the issue of fugitive transfer between the mainland and Hong Kong is based on its historical particularity and real needs.In addition,the article examines the real dilemmas faced by fugitives between the two places.Thirdly,this paper introduces the arrest warrant system implemented in the EU,which is a compound jurisdiction,and analyzes the enlightenment of the system to solve the problem of fugitive transfer between the two places.Finally,the article analyzes the feasibility of establishing a system of arrest warrants for the transfer of fugitives from the Mainland and Hong Kong,the principles to be followed,and the problems to be solved.It is believed that the system of arrest warrants between the two places should be based on safeguarding national unity,mutual recognition and trust,and equality.Negotiation and procedural-based principles.Then combined with theory and practice,the preliminary contents of the specific content and methods of the arrest warrant were preliminarily formulated,and the main problems involved were elaborated.