Research On Perfecting Legislation Of Extradition In China

The extradition system has a long history and has formed the basis of theoretical framework.With the development of extradition practice,the theoretical circles have different opinions about the concept of extradition.This thesis considers that the subject of extradition only includes sovereign states and the object of extradition is limited to those accused of crimes or sentenced.Besides,the requesting State should get the criminal jurisdiction.Although China began late in the legislation of the extradition system,it has already enacted the extradition law and also concluded some of extradition bilateral treaties and some international treaties related to extradition.However,it cannot be ignored that the extradition legislation of China still has problems.For example,the lag of the renewal of domestic law,the limited number of bilateral extradition treaties,the unclear relationship between the extradition of international law and domestic law,and the contradiction between the extradition treaties.Faced with these problems,we can gain enlightenment from the legislative trend of the international extradition system so as to meet the development trend of international criminal justice cooperation and play a better role in extradition practice of China.Extradition legislation of China can be improved from the following three aspects.First,modify and improve the Extradition Law of the People's Republic of China by explicitly specifying the priority of the extradition treaty in the Extradition Law of the People's Republic,introducing the “partially rejected” model for the principle of non-extradition to death penalty,enumerating the “non-politicized” crimes recognized by the international community,and clearly defining the “substantial standards” for the principle of double criminality,introducing a simple extradition model in a timely manner,and giving the respondent more human rights protection.Second,consider the issue of the death penalty imposed by the Criminal Law of the People's Republic of China and consider incorporating extradition routine substitution measures into the legal system to improve other domestic legislation related to the extradition law.Third,we will sign more bilateral treaties,international multilateral conventions and regional treaties on extradition,and actively promote the development and reform of the extradition system in international cooperation to make up for the deficiencies.