International Criminal Judicial Assistance And China's Practice

The International Judicial Assistance in Criminal Mutters,which is the most important form in the international judicial cooperation on criminal matters, has played a more obvious role on cracking down international and transnational crimination day by day, and therefore it is taken seriously by the countries throughout the world.Criminal judicial assistance is activities between sovereign states, where by assistance or service as proxy is offered in handing of criminal proceedings or execution of criminal entity rights pursuant to relevant international treaties or reciprocal principle. From the angle of content, Applicable conditions and procedures, such assistance may be classified into six major categories, service of documents, reporting of information, investigation of evidence, extradition, transfer of criminal proceedings, and recognition and execution of foreign rulings. International criminal judicial assistance, as a legal action, has three major inherent features:coordination of international law and domestic laws, complementation between the treaty obligations and reciprocal principle,and unification of judicial review and administrative review. Through long-term judicial practice over the decades, some basic and generalized rules have been formed in the international criminal judicial assistance, thus forming the basic principles of the international criminal judicial assistance. They are : the principle of sovereignty of each state, the principle of equality and reciprocity, the principle of law, the principle of specificity, and the principle of protection of human rights;restriction and control of these principles, the international criminal judicial assistance is systematically rendered. In the present days, along with the increasing pace of globalization, the increasing number of transnational criminal cases and expansion of the scope of intercourse between the states are making the system of international criminal judicial assistance, as an important means cracking down on transnational crimes, more important in foreign affairs. Some new development tendencies are appearing in this field. First, the scope of criminal judicial assistance is broadened. Second, the legislative regulations are developing rapidly. Third, the international organizations are playing a more important role in the practice of international criminal judicial assistance. Fourth, criminal judicial assistance is playing an increasingly important role in the relation of states. Fifth, the scope of human right protection is further expanded. Finally, the procedures in criminal judicial assistance are moving towards simplification.In the day of globalizing economy gradually, with the enlargement of transnational offense and contacts between nations, this makes the assisted system of international penal judicature as the main cooperation method of striking the transnational offense play an important role in the foreign affairs day by day, and it has appeared some new developing tendency in the assisted field of international penal judicature: 1. The range of international penal judicature expands gradually; 2. The legislation regulation develops rapidly; 3. The international organization plays a further effect in assistance to the international penal judicature; 4. The assistance to the international penal judicature becomes more and more important in the relations among countries. 5. The range of guarantee for human rights has enlarged further; 6. The procedure of assistance to the international penal judicature develops towards simple.This essay starts with the general theories of the International Judicial Assistance in Criminal Mutters, seriously analyses and studies on the present situation and the existing problems of the International Judicial Assistance in Criminal Mutters, finds out the insufficiencies of our legislation and the treaties singed with foreign countries, makes several suggestions on establishing and amplifying the system of the International Judicial Assistance in Criminal Mutters in China。...