Overview of the Rules of Bilateral Extradition Treaties

Author: Ministry of Justice, Department of Judicial Assistance and Foreign Affairs
Publisher:
Publishing Date: 2006-01-01
Features: The world today is in a new stage of vigorous development. The political, economic, cultural, and various civil exchanges between countries are expanding and developing, and international economic and trade exchanges are increasingly becoming important conditions for the development of each country. With this development, transnational crimes involving two or more countries are becoming increasingly serious, becoming a major issue of concern to the international community. Some criminals, after committing crimes, go to great lengths to flee abroad, attempting to escape legal sanctions in their own countries. To apprehend and bring fugitive criminals to justice, strengthen international extradition cooperation on the basis of mutual respect for sovereignty, seeking common ground while reserving differences, and equality and mutual benefit has become a necessary means to effectively control and combat increasingly serious transnational crimes and maintain the legal order of foreign exchanges. The Chinese government attaches great importance to extradition cooperation. Since the early 1990s of the last century, China has successively signed extradition treaties with relevant countries. So far, China has concluded extradition treaties with 23 countries. At the same time, China has actively participated in a series of multilateral conventions that use extradition to punish international crimes. In December 2000, China promulgated the "Extradition Law of the People's Republic of China." This law stipulates the scope, conditions, and procedures of extradition. These treaties, conventions, and domestic laws have become important bases for China's foreign extradition cooperation. In practice, China has successfully extradited a large number of fugitive criminals to relevant countries through extradition cooperation, ensuring they receive the punishment they deserve. Theory originates from practice and guides practice. In the field of extradition cooperation, Chinese scholars have conducted fruitful research. However, so far, there has been no comparative study of China's extradition treaties. In view of this, we came up with the idea of editing this book. This book includes all 23 extradition treaties that China has concluded so far in its content arrangement, but in terms of format, it does not simply list these treaties. Instead, it categorizes them according to their inherent logic into seven major sections: General Provisions, Procedures for Requesting Extradition, Detention for Extradition, Transfer of the Extradited Person, Transit, Other Provisions, and Final Clauses, for and decomposition. This arrangement allows readers to clearly understand the relevant provisions of each treaty on the same issue and the similarities and differences between them at a glance, while also enabling readers to quickly find the specific provisions of a particular treaty on a certain issue. Additionally, this book includes the Extradition Law of China in the appendix and lists a table of China's concluded extradition treaties for reference.