-United Nations Convention against Corruption- in the Extradition_11026.doc
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1、United Nations Convention against Corruption in the Extradition Keywords: / extradition / non-extradition of those facing the death Summary: Anti-corruption is the most important international legal document, it erected a powerful strong network of international anti-corruption law. To achieve the e
2、xtradition of the crime of corruption is a natural international anti-corruption extension. The both on the provisions of the extradition request of the parties, but also countries in the effective path for international cooperation. In order to achieve the extradition of a crime of corruption, to a
3、ccept the principle of non-extradition of those facing the death is our on the choice. First, the causes of corruption, and The background Corruption is a complex social phenomenon, whether developed or the developing countries there are varying degrees of corruption. However, the current actual sit
4、uation of the international community, and social transformation in developing countries relative to the more serious corruption in the country. Here, We can not ignore this fact: the Second World War, particularly since the Cold War, the economic development of different degrees, but the crime of c
5、orruption not only has not decreased but increased, even in some countries and regions have spread. Originally the economy development should reduce corruption, reduce poverty and g, while the increase in corruption is clearly a paradox, it does not meet the normal development of social law. one of
6、the reason is actually very complicated, but if we carefully analyzed, you may find that some of the following reasons: (1) historical reasons. Historically, many developing countries, a long period of feudal despotism and primitive state, the legal system is not perfect, official imperfect developm
7、ent of the country without a more complete democracy and the rule of law shape the process. (2 ) economic reasons. As in many developing countries had long been the natural state of the economy or the colonial economy, so economic development is lagging behind. (3) the reasons for thinking. establis
8、h a correct outlook on life and values when the pursuit of eternal life for the people. But After the national independence of many developing countries, some people did not increase with the value orientation of national independence and to a reasonable shape, and even the formation of a distorted
9、value of life. (4) social reasons. With economic development, material has been greatly enriched, but also in many countries are beginning to spread money worship, in the materialistic thinking dominated, some people naturally took to the road of corruption and degeneration. (5) institutional reason
10、s. many developing countries the absence of establish a complete and effective system of democratic and legal system, or the country is in transition, so the development and transformation of the formation of a number of institutional flaws, it is easy to make some people take advantage of. (6) the
11、weakness of human nature. as a community of people has its inherent weaknesses, but if the public interests and social interests and for the good coordination and fit easily inflated. Due to historical, economic, ideological, social and institutional factors are intertwined, thus resulting in many d
12、eveloping countries, and spread of corruption. To our country is a developing country, with the reform and opening up, Chinas economy an average annual rate of over 9% growth in the rapid economic development, corruption program has been highlighted, and more serious. According to incomplete statist
13、ics, only to flee the country of corrupt elements in as many as about 5,000 , carrying the stolen money overseas is not at 400 billion U.S. dollars. all kinds of corruption (judicial corruption, financial corruption, etc.) has seriously eroded the social fabric of developing countries, it is the sam
14、e as environmental pollution, has become a major social public nuisance. special public power is the exercise of state public servants to the state of corruption not only cause great economic losses, and seriously undermined the credibility of the Government, strained the social emotions, stability
15、of the regime of a country will have very serious harm sex. And with globalization, corruption has begun to affect the international community beyond national borders and economic aspects. so to prevent and combat corruption, relying solely on the strength of a country has is not enough. In order to
16、 safeguard the international community of democratic values and social ethics, in order to defend the fairness and justice of the international community to the international community and the economic health and sustainable development, in order to deter and combat corruption and crime, the interna
17、tional community in international cooperation against corruption has been g without delay. It is in such an international situation, In 2003 it came into being on October 31 the 58th United Nations General Assembly adopted a (hereinafter referred to as ). The of the United Nations adopted the first
18、legally binding anti-corruption theme of international legal documents, formation of a global fight against transnational corruption in the commonly accepted international norms. one of the Extradition part ( 44) both for the punishment of corrupt elements flight, flight with money or a deterrent fo
19、r corrupt elements reflect the superiority of bilateral extradition treaties and other characteristics. especially for our country, Many fled the country now needs the extradition of corrupt elements, and therefore the study in article 44 that extradition of the relevant provisions of the more impor
20、tant practical significance. Second, the relevant provisions on extradition Extradition is a country located in its territory Er by other countries who wanted the request of the requesting State transferred to the requesting country act of the trial. To crime in the fight against corruption, effecti
21、ve international cooperation, in article 43 Paragraphs 2 and 44 pairs of extradition made clear. (A) the principle of double criminality Article 43, paragraph 2: In matters of international cooperation, whenever dual criminality is considered a condition, if the request for assistance in criminal ac
22、ts within the meaning of the laws of the two parties are criminal , then this condition shall be deemed to have been met. no doubt that this provision reflects the international extradition system the principle of double criminality. the principle of dual criminality is an international extradition
23、system, the habit of a very important rule. specific, the double crime is an international judicial assistance in criminal acts against the country and must, upon request, the requested countrys laws are a crime. If only the requesting State in accordance with the requested State or in any one state
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