Research On The Application Of China’s Repatriation Measures For Chasing Illegal Immigrants Abroad

Overseas pursuit of fugitives is an important part of international anti-corruption cooperation.As an alternative measure to extradition,the illegal immigrant repatriation measure plays an important role in the overseas pursuit of fugitives in China.This paper studies the judicial practice applicable to the measures of illegal immigrants repatriation in the overseas pursuit of fugitives in China,giving advice on the relevant issues involved in the application,hoping to provide some references for the judicial theory and practice.The thesis consists of five parts:the first part mainly introduces the concept,characteristics,advantages,disadvantages and application dilemma of illegal immigrant repatriation measures.Illegal immigration repatriation measures refer to the repatriation of foreign immigrants who do not have legal residence status,which is a unilateral decision made by the repatriating countries to maintain their own security and order.In this way,the objective result is the same as extradition,so it is also known as "de facto extradition" in theory.It is convenient because it is not bound by the corresponding principles of extradition.However,in the application of this measure,China is only in a supporting position,and it is up to the requested country to decide whether to repatriate the escaped criminals.There are three main difficulties in the application of illegal immigrant repatriation measures in China:First,the repatriation object often delays the time of repatriation by applying for refugee status;Second,there is a dispute over whether voluntary repatriation should be considered voluntary surrender;Third,there is no uniform standard for the promise of sentencing for repatriated fugitives.The second part mainly introduces the substantive and procedural issues in the process of refugee identification.Substantive issues mainly involve political crimes,death penalty and torture.For political crimes,it is necessary to avoid politicizing the criminal acts committed by fugitive criminals in China and provide evidence to prove that they committed non-political crimes;In view of the problem of death penalty,China should quicken the pace of the reform of death penalty and make a commitment not to impose death penalty when necessary;In view of the problem of torture,China should improve its international image of the rule of law,ameliorate the construction of the criminal law,to improve the international community’s confidence and recognition of the criminal rule of law in China.In terms of procedural issues,it mainly involves the issue of standards of proof.Our country should study the foreign evidence rule seriously,collect evidence adequately,making the evidence that our country provides accords with the proof standard that foreign country asks.The third part mainly introduces the judgment of voluntary repatriation.There are two types of voluntary repatriation:one is to accept repatriation through voluntary waiver of relief proceedings;The other is to accept repatriation through a plea bargain.Since the act of voluntary acceptance of repatriation shows the reduction of the general necessity of prevention and the reduction of the special necessity of prevention,for the time being,it should be regarded as voluntary surrender,because it conforms to the criminal policy of corruption crime in our country.The fourth part mainly introduces the application of sentencing commitment.As sentencing commitment is a realistic choice after the benefit measurement in our country,which coordinates the relationship between responsibility and prevention,and also balances the relationship betwreen fairness and efficiency,so it has legitimacy.The system of sentencing commitment in China lacks of operational procedures,without the embodiment of the binding force of sentencing commitment on the final judgment in the judgment.Therefore,it is necessary to improve the procedure of sentencing commitment,setting up the procedures of starting,hearing,protest,approval and service,and strengthening the reasoning of sentencing commitment in the judgment.The fifth part is the conclusion,which is mainly about the future of China’s overseas pursuit of fugitives.The key to the success of China’s overseas pursuit lies in the overall progress of the criminal rule of law,so it is necessary to boost the progress of the criminal rule of law,to establish the system confidence for the success of our country’s overseas pursuit.For the pursuit of overseas fugitives,we should flexibly use a variety of measures,under a multi-pronged approach,to facilitate the pursuit of fugitives.The work of chasing fugitives abroad should be paid equal attention to the recovery of stolen goods,and the economic sources of the fugitives should be cut off so that they have no funds to fight against repatriation.The anti-flight working mechanism should be improved to prevent criminals from escaping.