Research On The International Criminal Judicial Assistance In Criminal Matters In China

Under the background of global economic integration,international communication is becoming more and more frequent,and the political,economic and cultural exchanges between countries are increasing day by day.The economic and cultural development also provides an opportunity for transnational crimes.International criminal judicial assistance is in order to effectively curb transnational crimes and arrest absconding foreign criminals,according to international conventions and bilateral treaties based on the principle of equality and mutual benefit,to fulfill certain litigation judicial system.It is an extension of the jurisdiction of a country,and plays an important role in the fight against transnational crimes.Since 18 th National Congress of the Communist Party of China,the number of foreign officials fled significantly reduced,which has a certain relationship with China’s anti-corruption struggle.At the same time,China has stepped up its efforts to combat criminals,and has made remarkable achievements.These achievements are closely related to the international criminal judicial assistance.Through the practice of criminal judicial assistance,it is not difficult to find that there are some shortcomings in the system construction and legal perfection of criminal judicial assistance in our country.Therefore,on the one hand,the study of international criminal judicial assistance is to adapt to the actual needs of China’s current judicial work,on the other hand,it is significant to the improvement of China’s criminal judicial assistance system.This paper is divided into five parts:The first part is an overview of international criminal judicial assistance in china introduces the concept,forms,types and functions of criminal judicial assistance.The second part is the necessity of carrying out the criminal judicial assistance in our country,which is discussed from the following two aspects: the international and domestic environment.The third part systematically discusses the present situation and development of international criminal judicial assistance in China.From the international level,the domestic level and the development of judicial assistance.The fourth part discusses the problems in our criminal judicial assistance.From the domestic legislative level,the existence of the death penalty system,the conflict between the domestic law and international treaties,and the recovery of the property of the crime of corruption.The fifth part puts forward the countermeasures to solve the problems in our criminal judicial assistance.Such as improving domestic legislation,strengthening international exchanges and cooperation,coordination of conflict of laws and the implementation of criminal property sharing agreement.