Discussion On The Legal System Of Anti-corruption Extradition From The Perspective Of UN Anti-corruption Convention

Extradition is the most common form of international criminal justice assistance in the world.When countries are conducting extradition cooperation,bilateral extradition treaties and bilateral multilateral conventions are the most common method.After entering the 20 th century,the world economy has shown a trend of globalization.Corruption crimes have also broken national borders.Many corrupt elements have fled abroad after committing crimes.More and more countries realize that in order to fight corruption crimes,it is necessary to strengthen cooperation between nations.Less,the anti-corruption cooperation of the international community has also deepened.The "United Nations Convention against Corruption"(the following is called as the "Convention")was reviewed and adopted by the UN General Assembly in 2003 and entered into force in 2005.The adoption of the "Convention" has provided clear legal guidance for all countries to carry out international anti-corruption struggles,which will help strengthen anti-corruption cooperation among countries,combat cross-border corruption crimes,and increase the country's anti-corruption effects.The fourth chapter of the "Convention" uses two articles to make a systematic and comprehensive provision for the extradition system.The Convention learned from the traditional system,for example: dual criminality,non extradition of nationals,and the extradition of corruption crimes.Moreover,it has made certain additions and developments,eliminated the application of the principle of dual criminality in certain circumstances,supplemented and developed specific crime principles,and improved the extradition system.In October 2005,China ratified the entry into force of the Convention.The convention was officially applied to China in December.This means that China should make its domestic law as compatible as possible with the Convention.Fulfilling the obligations of States parties under the Convention.However,as a signatory of the "Convention",there is still a certain gap between China's "Extradition Law" and the "Convention",and it is on the constitutive elements of extraditable crimes,the definition of extradition of political prisoners,and the treatment of their own nationals.The regulations are still relatively traditional and it is difficult to adapt to the development of the new era.In recent years,many corrupt elements in China have absconded overseas after amassing money,evading legal punishments and seriously damaging China's national interests.After the 4th Plenary Session of the18 th CPC,special operations such as “Operation Fox Fighting” and “Operation Skynet” were pursued by criminals who fled into the country.Many criminals were arrested and returned to China,but they also reflected our country during the process of hunting.There are still many deficiencies in the extradition legislation.Therefore,it is recommended that the "Convention" be used as the basis,and that the latest theory of the international extradition system should be studied and practical measures should be proposed for the revision of the extradition system in China.The article analyzes and discusses in three parts:The first part: This part is made up of three sections: Section I,we briefly introduced the international background of the UN Convention against Corruption at the time of its formulation and the convenience brought about by the anti-corruption cooperation of the international community;Section II focuses on the Convention.The specific content of the extradition system in the " Section ? " will analyze and compare the content of the extradition system in the "Convention" and what has traditionally been inherited and improved.The second part: Taking the "United Nations Anti-Corruption" Convention as a perspective,it interprets the status quo and practice of our country's extradition system,details the practice of our country's overseas pursuit in the process of the Eighteenth National Congress,and concludes that the country is currently extraditing.The small number of people returning to China has a lot to do with the imperfections of our country's extradition system.The third part: Through the foregoing discussion,in order to solve the problems existing in the current extradition system of our country,the first step is to clarify the relationship between domestic laws and treaties;second is to be inconsistent with the international community in the principle of extradition in China.Local revisions can be made;thirdly,problems in our country's current practice of extradition can also be solved by speeding up the conclusion and applying bilateral extradition treaties;Finally,we should make full use of the alternative measures of extradition to enhance the efficiency of pursuing criminals.