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所谓引渡,是指国家根据条约或基于其他理由把在其管辖范围内而被别国指控或已被判定犯罪的人,应该国的请求,移交该国起诉或执行刑罚的活动。虽然在国际上引渡制度的发展具有较长的历...
所谓引渡,是指国家根据条约或基于其他理由把在其管辖范围内而被别国指控或已被判定犯罪的人,应该国的请求,移交该国起诉或执行刑罚的活动。虽然在国际上引渡制度的发展具有较长的历史,但在我国引渡发展却很短暂,但自2000年12月28日第九届全国人民代表大会常务委员会第十九次会议通过了《中华人民共和国引渡法》(以下简称《引渡法》),《引渡法》的实施以来结束了我国没有引渡法的历史,到如今《引渡法》在我国已实施超过十三年且在实施这的十三年中为解决我国的引渡问题提供了重要的法律基础,近些年由于《引渡法》的实施,我国在引渡一些外逃的犯罪份子方面中取得了较大成果,如2011年引渡回国的赖昌星,赖昌星是厦门特大走私案首要犯罪嫌疑人。虽然《引渡法》的实施使得我国引渡制度的发展取得了重大进展,但是仍然与国际引渡制度存在着差距和不足。在本文中,主要论述我国引渡制度的发展历史,对我国引渡制度发张中存在的一些问题以及如何完善提出相应的个人见解。
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The so-called extradition, is refers to the country according to the treaty or on other grounds in their jurisdiction and other charges or has been convicted of a crimeperson, should the request, transferred to the prosecution or punishment activities.Although has a long development in the international extradition system history, but in China the extradition of development is very short, but since the nineteenth meeting of the Standing Committee in December 28, 2000 Ninth National People's Congress passed the "Extradition Law of the people's Republic" (hereinafter referred to as"Extradition Law"), "since the implementation of" the end of the Extradition Law our country does not have an extradition law history, until now "Extradition Law" has been implemented in China for over thirteen years and in the thirteen years to solve theproblem of extradition in China has laid an important legal foundation, in recent yearsdue to the implementation of "Extradition Law", our country in the extradition ofcriminals. Some flight has made great achievements, such as in 2011 the extradition of Lai Changxing, Lai Changxing is the Xiamen smuggling case prime suspect.Although the "development and implementation of Extradition Law" makes our extradition system has made great progress, but still with the international extraditionsystem exists the disparity and deficiency. In this paper, mainly discusses the development history of extradition system in China, some problems on thedevelopment of system of extradition in our country and how to perfect thecorresponding opinion.
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2014-03-05
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Extradition, refers to the state according to the treaty, or for other reasons within their jurisdiction and accused by others or have been convicted a crime, should the request, handed over to the prosecution or punishment activities in the country. Although the development of extradition system in the world has a long history, but in the development of China's extradition is very short, but since December 28, 2000, the ninth session of the standing committee of the National People's Congress meeting passed 19 "extradition laws of the People's Republic of China" (hereinafter referred to as the "extradition laws"), the implementation of the extradition laws since the end of the history of no extradition laws in our country,
by now the extradition laws in our country has implemented more than 13 years and in the thirteenth year of implementation of this to solve the problem of extradition provides important legal basis,
Thanks to the deportation law, China is able to make considerable achievements in getting some of its fugitive criminal suspects deported, for example, the deportation of Lai Changxing in 2011, who was the main suspect for an eye-catching smuggling case in Xiamen.
Although the deportation law has helped China to make great advancement in its development, China's deportation system still needs improvements and is lagged behind of the international one. The paper summarizes the history of the development of deportation system in China, looks into some of its problems and comes up with specific personal suggestions for improvement.
by now the extradition laws in our country has implemented more than 13 years and in the thirteenth year of implementation of this to solve the problem of extradition provides important legal basis,
Thanks to the deportation law, China is able to make considerable achievements in getting some of its fugitive criminal suspects deported, for example, the deportation of Lai Changxing in 2011, who was the main suspect for an eye-catching smuggling case in Xiamen.
Although the deportation law has helped China to make great advancement in its development, China's deportation system still needs improvements and is lagged behind of the international one. The paper summarizes the history of the development of deportation system in China, looks into some of its problems and comes up with specific personal suggestions for improvement.
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Deportation refers to the practice by one country to hand over people, who are inside its jurisdiction area but are facing charges or convicted in another country, to that country for prosecution or law enforcement, following the request of that country and pursuant to international treaties or other reasons.
Although the development of international deportation system has a long history, it is rather new in our country. The 19th Session of the Standing Committee of the 9th National People's Congress passed the People's Republic of China Deportation Law (hereinafter referred to as Deportation Law) on 28 December 2000. The enactment of Deportation law has since put an end to China's history without proper deportation, and the enforcement of the law in the past over 13 years have provided an important legal basis for deportation issues in China.
Thanks to the deportation law, China is able to make considerable achievements in getting some of its fugitive criminal suspects deported, for example, the deportation of Lai Changxing in 2011, who was the main suspect for an eye-catching smuggling case in Xiamen.
Although the deportation law has helped China to make great advancement in its development, China's deportation system still needs improvements and is lagged behind of the international one. The paper summarizes the history of the development of deportation system in China, looks into some of its problems and comes up with specific personal suggestions for improvement.
Deportation refers to the practice by one country to hand over people, who are inside its jurisdiction area but are facing charges or convicted in another country, to that country for prosecution or law enforcement, following the request of that country and pursuant to international treaties or other reasons.
Although the development of international deportation system has a long history, it is rather new in our country. The 19th Session of the Standing Committee of the 9th National People's Congress passed the People's Republic of China Deportation Law (hereinafter referred to as Deportation Law) on 28 December 2000. The enactment of Deportation law has since put an end to China's history without proper deportation, and the enforcement of the law in the past over 13 years have provided an important legal basis for deportation issues in China.
Thanks to the deportation law, China is able to make considerable achievements in getting some of its fugitive criminal suspects deported, for example, the deportation of Lai Changxing in 2011, who was the main suspect for an eye-catching smuggling case in Xiamen.
Although the deportation law has helped China to make great advancement in its development, China's deportation system still needs improvements and is lagged behind of the international one. The paper summarizes the history of the development of deportation system in China, looks into some of its problems and comes up with specific personal suggestions for improvement.
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The so-called extradition , the State under a treaty or other reasons the person within its jurisdiction of another country being accused or has been convicted of a crime , it should be the country 's request for the surrender of the State to prosecute or enforce a sentence of activities.
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