Study On The Transferred System Of Sentenced Persons In International Criminal Judicial Assistance In China

As China’s foreign exchange activities continue to deepen,cracking down on criminal crimes has gradually become the mainstream of international development.In recent years,the international criminal justice assistance system has continued to develop,and the international community is fully aware of the need to strengthen international cooperation in combating crime and investigating criminal legal responsibilities.Establishing a legal system for international criminal judicial assistance with Chinese characteristics has become a need of the times.The promulgation of the "International Criminal Judicial Assistance Law of the People’s Republic of China" has an effect on this need.Therefore,this article divides the article into four parts through comparative analysis,historical analysis,and literature analysis,and conducts an in-depth analysis of China’s Transfer System for Sentenced Persons in International Criminal Judicial Assistance.The specific arrangements are as follows:The first chapter is“an overview of the transfer system of sentenced persons”.By analyzing the concept of the transferee system of the sentenced person,the differences in the terminology of the transferee system between different countries are clarified,and then the rationality of the terminology of the transferee’s terminology is reflected.Although the transfer system has a short development history,the development momentum continues.The historical evolution of this system can be understood from the background and philosophy of the transfer system.The application of the transfer system includes the applicable conditions,principles and procedures.Legislation not only stipulates the application.Positive conditions and negative conditions that apply.The second chapter is “the status and existing problems of the transfer system of chinese sentenced persons”.Through a comprehensive analysis of the legislative reasons and practice of the transferee system at the domestic level,and on the basis of combing the status quo of the implementation of the transfer system in China,it reveals many deficiencies in the operation of the transfer system in China,mainly from the premise and implementation of the transfer system.Analyze the process and review supervision.The third chapter is“the reference of the transfer system of sentenced persons outside the territory”.The American transfer system was established earlier,and the content of the regulations tended to be humanitarian pursuits.The development of the Korean transfer system was slowed down,separate legislation was adopted,and active transfer agreements were signed with neighboring countries.It can be used for reference in China.In addition,the European Union’s criminal procedure transfer system highlights the principle of recognition of criminal judgments,and its development process reflects the continuous improvement ofthe transfer system and the continuous enrichment of its content,thereby effectively promoting the development of criminal integration.The fourth chapter is“the improvement of the transfer system of sentenced persons in China”.Through the above disclosure of the problems in the transfer system,suggestions for improving the transfer system of the sentenced person are made from different aspects: on the premise of application,the reciprocity principle is improved and the bilateral treaty is improved;during the transfer process,criminal recognition and The implementation of the regulations,and the authority of the review authority,based on considerations of protecting the rights and interests of sentenced persons,giving the country limited discretionary power,etc.Finally,at the level of supervision,the article analyzes the duties of China ’s judicial department and points out the establishment of information exchange mechanisms.Rationality,and thus effectively promote the diversified development of the form of supervision.