Study On The Alternative Measures Of Extradition Of Fugitives Pursued Outside China

Our country has not established treaty relations of extradition cooperation with some major western countries.In addition,transnational extradition work is not smooth as a regular way of overseas pursuit for fugitives.It has many extremely strict conditions,such as no extradition by death penalty,treaty preposition doctrine,principle of reciprocity,etc.In the current situation of overseas fugitive pursuit is still severe,exploring the alternative measures of extradition has become an important subject of this work.According to the criteria of whether the extradition alternative measures are recognized by the State concerned and whether they violate the general principles of international law,they can be divided into legal and illegal alternative measures.The legal ones include repatriation of illegal immigrants,prosecution in other places,and exhortation to return,while the illegal ones include seduction and kidnapping.At present,the replacement measure of legal extradition has become an important part of the work of pursuing fugitives outside our borders.However,the alternative measure of extradition itself also has some legal obstacles.The protection of the parties’ rights in immigration repatriation,namely "human rights",mainly includes three difficulties:refugees,torture and death penalty.International judicial cooperation,which is closely related to national judicial sovereignty,legal and cultural differences between the East and the West,as well as the unlegalized problem of persuading to return,are the most prominent and direct obstacles to pursuing fugitives abroad.Therefore,it is necessary and realistic to discuss and study these issues.From the point of view that the main concern of immigration repatriation is the status of "illegal immigrants",the status of rigid provisions of human rights protection and the Western evaluation of China’s rule of law,this paper analyzes the protection of the rights of the repatriating countries to the parties,which makes the immigration repatriation procedures complicated,time-consuming and even failure.The initiative of prosecution in different places is dominated by other countries,which will increase the difficulty of international criminal judicial cooperation due to the criminal procedure rules involved and the differences in legal culture between the two countries.The biggest dilemma of persuasion comes from the complicated legal issues involved.Due to the lack of clear legal provisions,the key point of persuasion is unclear in terms of its commitment to fugitives and whether to recognize surrender,which affects the effectiveness of persuasion.Then the corresponding countermeasures and suggestions are given to improve the protection of human rights in criminal justice,mainly from the judicial trial and the execution of punishment two processes to effectively protect human rights;To establish an international criminal judicial cooperation mechanism,continue to promote the signing of international criminal judicial treaties and strengthen the building of criminal case handling organs;In order to lay a good foundation for the work of pursuing fugitives abroad,it is suggested that it should be regarded as surrender and the promise of persuading people to return should be given legal effect.In international criminal judicial cooperation,we should make good use of extradition as an alternative measure and take it as a breakthrough to further promote mutual trust,mutual assistance and mutual understanding with each other’s judicial authorities.