On the basis of extradition

Abstract: The early extradition of activities with strong Political overtones, the extradition of activity depends largely on the subjective will of the ruler, the main object of the extradition of Political prisoners, military and religious prisoners committed, there is no extradition system of relatively fixed. modern extradition system is based on the principle of extradition, signed in accordance with the principle of extradition treaties and domestic Law, international norms. norms of international Law on extradition is greater than the effectiveness of domestic Law norms.

Keywords:: extradition, extradition treaty, extradition based on
First, the concept of extradition
According to <<Oppenheim's International Law>> Narrative of extradition: "Extradition is a person accused or convicted by his country at that time to the accused committed a crime against his country." Some scholars believe that China: "Extradition refers to a country to be in the territory of another country's Criminal prosecution or sentence to deliver the requested State shall dispose of the litigation activities. "In any case described, various concepts are reflected in the extradition request is the request of the Requesting PArty shall, to the jurisdiction been requested within the right of accused who have committed certain crimes or who have been sentenced to the Requesting PArty in order to prosecute or enforce a sentence activities.

Second, the early activities and the basis for extradition
Extradition as a social phenomenon has a long history of domestic Criminal sanctions between countries in the practice of extradition of Criminals can be traced back to the 13th century. Early in the year 1280, Egypt's La Maise II and III amnesty family in King Ha Duxi At the end of the war when Syria signed a peace treaty, which contains the mutual repatriation of Criminals who fled to the provisions of each other's territory.

At that time, the main target of extradition with the Political and military-related crime. In the 18th century, although many countries, for the special provisions of the treaty or no treaty provision is voluntary, often Political fugitives to surrender to each other, pagan, or even immigrant residents, but the situation is almost the extradition of common Criminals did not happen.

Early activity is in fact the extradition deal between the activities of the national rulers. Although various countries have also signed a number of treaties on extradition, extradition, but there is no unified specification. These treaties are basically dealing with an event-specific or specific person for a specific period of disposal, and not all the general provisions of the extradition situation. such as war criminals after the exchange of deserters, rebels against infidels or repatriated. there is no extradition treaty early on extradition procedures, conditions, etc. specific provisions made uniform. that did not specify on which people can be extradited under what circumstances and how to extradition. for whether a person should be extradited, not quick to judge by a specification. Therefore, I believe that the extradition of the early activities have not identified legal basis. early extradition of activity completely dominated by the subjective will of the ruler, which will focus on the individual's subjective and often volatile, and this is no clearly defined will not be used as legal basis for extradition. and The purpose of the extradition of activity in early modern extradition system is also different from the early extradition of the so-called inter-State only occasionally specific diplomatic incident, but not common, uniform extradition system.

Third, the emergence of modern extradition system
With the victory of the bourgeois revolution in Europe, in the modern bourgeois legal reform, driven by major changes have occurred .1794 extradition the United States and Britain signed the extradition of new content to give <<Jay Treaty>>. Section 27 of the Treaty provides that: "Both sides agreed that their respective ministers or officials specifically authorized by the request of His Majesty and the United States will repatriate all the accused in their respective jurisdictions have committed murder or forgery of another country to seek asylum." The The Treaty also provides for the review of the person whose extradition is requested by the requesting State must follow the norms of domestic criminal proceedings, which shows the activities of hearing extradition cases has become a judicial activities.

States also adopted domestic legislation into the legal system to extradite .1833 enacted the world's first in Belgium, is expressly prohibited the extradition of a foreign Political prisoners <<Extradition Law ">. Article 6 of the Act provides:" In the conclusion of a treaty will be expressly Foreigners shall not pre-extradition of political crimes, and acts of political prisoners by the prosecution or prosecution, or in any form or provisional arrest for extradition will be denied. "The law will be included in the legal system of extradition, the civil law extradition set an example of codification. Soon, on behalf of the British common law enacted legislation known for rigorous and complete <<1870 Extradition Act "> and so on. a lot of the signing of extradition treaties and domestic legislation appeared, marking the comparison mature formation of the modern extradition system.

Fourth, the basis of modern extradition
I believe that the basis of modern extradition system, including the extradition of principles, norms of international treaties and domestic law. Extradition is gradually formed in the practice of extradition, the Convention on Extradition, determined by the extradition of activities in a more generally applicable guidelines. "Functions of legal principles principles and attributes the decision to extradite extradition system must be a guiding significance in various fields, is recognized by the international community. "Thus, the principle of extradition must be able to judge as the basis for extradition or not. reposted elsewhere in the Research Papers Download http://www.hi138.com has always been the international extradition treaty is an important basis for the extradition of one of the activities. In international exchanges, whether the State has the obligation to extradite for international 刑法理论界 have a legal obligation and legal ethics, said that two different point of view. According to the current practice of extradition, extradition is based on bilateral extradition treaty or convention for extradition, if the requesting pArty is not based on international treaties or conventions relating to the extradition request, the requesting pArty generally did not provide for extradition of international obligations. modern extradition The purpose is to investigate criminal fugitives, but the criminals fled the country to lead their country can not impose sanctions, and when its access to foreign jurisdiction will be in the country. This gave rise to conflicts of jurisdiction, the offender shall be subject to punishment, punishment should be and where the treaty to be agreed by both sides. Otherwise, according to the principle of national sovereignty, both parties are independent of each other's sovereignty, is entitled to the requesting State jurisdiction over all its territory. Therefore, except with the prior signing of an extradition treaty, or countries do not bear the obligation to extradite.

The adjustment of domestic extradition law norms also play an important role in the system, it is complementary and international treaties. Especially when some countries have not signed an extradition treaty, it will become the main basis for adjustment of the extradition system. For the adjustment of the international law of extradition both norms and norms of domestic law status, have the same primacy of international law and said that two points of view. I agree primacy of international law says. Grotius as early as a few hundred years ago, had proposed "Convention must abide by the" principle is now generally acceptable to States on May 23 .1969 signed <<Vienna Convention on the Law of Treaties>> Article 26 provides: "Where the force of the treaty in force is binding on the parties must fulfill in good faith by the State." parties signed a treaty on behalf of the entire country that has made its commitment, its activities must comply with domestic commitments. If the priority of domestic law, then the parties need to enact a national law contrary to the treaty and implemented can tear up the treaty legally. If the equal status of domestic law and international law, then when the domestic law and international treaties conflict, both parties have to sit down and deal with negotiations to reach a new agreement, the agreement originally signed it not worth the paper . So I believe that the effectiveness of extradition treaty to be superior to domestic law, domestic law on extradition be in accordance with extradition treaties to develop, otherwise invalid.

References
[1] [English] Jennings, Watts (Amendment: <<Oppenheim's International Law>> Volume I Volume II, Wang Tieya such as translation, China Encyclopedia Press, 1998.

[2] Ma Jin Bao was: <"International Crimes and International Criminal Judicial Assistance>>, Law Press, 1999.

[3] Qi Wen-yuan, LIU Dai-hua was: <"International crime and transnational crime Research"> Peking University Press, 2004.

[4] Ma Jin Bao was: <"Modern extradition system and its development trend>", in <<Political Forum>> 1993 2.

[5] Huang Feng forward: <<extradition system>> Law Press, 1990.

[6] CHAN Wan-sang was: <"Anti Torture - the contemporary rule of law and human rights protection in China>>, Social Sciences Academic Press 2000.

[7] Liu Yajun, the: <<Extradition New Theory>>, Jilin People's Publishing House, 2004.

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