Research On The Transfer System Of Sentenced Persons In China

The sentenced person transfer system refers to the international criminal justice assistance system in which a foreign citizen who has been sentenced to a free sentence by a country to be transferred to his or her country of nationality or habitual residence is sentenced to a sentence and reformed in a familiar environment.The core concept of the system is to fully consider the human rights of the sentenced person and promote the transformation and return of the sentenced person through cooperation between the countries or regions.The United Nations advocates countries to strengthen the transfer of sentenced persons and cooperates,and has formed a transfer management system framework based on model documents supplemented by multiple treaties.European and American countries have now formed a relatively mature transfer of sentenced persons system.After two decades of development,China's sentenced person system is unique,showing the principle of treaty cooperation and reciprocity,the parallel of international cooperation and inter-regional cooperation,the practice of transfer-type transfer management,and the basic characteristics of few transfer-type transfer cases.The application of the principle of reciprocity is vague,the lack of feedback mechanism for penalty enforcement and the gap of the inter-regional transfer management mechanism are highlighted.It is an important measure to improve the transfer system of sentenced persons in China by clarifying the specific application of the principle of reciprocity,establishing a feedback mechanism for penal enforcement,and establishing an inter-regional transfer management mechanism.