| The increase of international crimes has promoted the judicial cooperation among different countries with the aim of combating in a more effective way. Judicial methods are the trends of international criminal justice development to pursue international dispute solution and combat international crimes. Consequently, it is and will be significant to research on international judicial assistance issues. Extradition, as one of the most important means of judicial assistance, could be a invaluable research. Besides the introduction and conclusion, this thesis is consisted of three chapters with 25,000 characters.The first chapter is introducing the basic concepts, targets and definition of extradition. It is stated in this thesis that extradition is a national and sovereign act. The requesting state and requested state should be proceeding subjects. And the criminal who received prosecution and conviction is the proceeding object. There are three aims of extradition: strengthening the international judicial cooperation, safeguarding the dignity of the requesting state, and maintaining the social order of the requested state. A literature review on the basic concept of extradition is also a part of chapter one.In the second chapter, a detailed demonstration on the principles, range and proceeding of extradition is provided. Firstly, dual criminality and the extradition effect limitation are considered to be two major principles. Based on mutual benefit, the dual criminality principle is taken to ensure the equal judicial cooperation between the requesting and requested states. On the perspective of implementation, secondly, the range of non- extradition and extradition are demonstrated. In this thesis, the first one means extradition has been agreed by both countries on certain crime based on mutual benefits. Normally hijacking, drug or terrorist attacks are listed as"extradition crimes". The latter indicates if the extradition requirement is contradict to the"principle of extradition crimes", the requested state can refuse it. The refusal can also be proposed according to extraordinary case. Finally, the request proposal, evaluation and trial of the extradition proceeding are demonstrated, which states the extradition request should be consistent with each state condition and be proposed through diplomatic channels. The extradition request is initiated by administrative department of the requesting state, and then transited through diplomatic channel. After receiving the extradition request letter, the related departments of the requested state will evaluate the criminal evidence and other four proceedings before making the permission.The third chapter expands on the principles, legislative acts and executive practice on extradition act in our country. This thesis considered that it has absorbed the advanced legislative experiences of various countries and reflected humanitarianism.The last chapter studies the schematization and direction of extradition. As an important means of the international criminal judicial assistance, some principles about extradition are improved and perfected with the development of laws. Our mutual extradition treaty should absorb more effective experiences and complete mutual extradition with other countries. Flexible measures should also be taken in the condition of judicial cooperation in criminal matters without extradition treaty. |
