China has made remarkable achievements in the past 30 years since it concluded extradition treaties with foreign countries.
by Wu Qiong
“On this day 30 years ago, China and Thailand signed the first bilateral extradition treaty, ushering in a new era in history of Sino-foreign cooperation in combating transnational crime. Over the past 30 years, we have continued to build a network of extradition treaties, and extradition has become an important factor in combating transnational crime and promoting counter-transnational crime. It is an important means for the international pursuit of fugitives from corruption and the recovery of stolen property.” At the seminar “China’s 30 Years of Concluding Extradition Treaties with Foreign Countries: Review and Prospects” jointly sponsored by the Department of Treaty and Law of the Ministry of Foreign Affairs and the Law School of Beijing Normal University, Director of the Department of Treaty and Law of the Ministry of Foreign Affairs Ma Xinmin said so.
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On the same day, nearly a hundred representatives from practical departments and academia conducted in-depth discussions on three topics: “Achievements and Challenges in the 30 Years of the Conclusion of Extradition Treaties”, “Legal Issues in the Practice of Foreign Contracting and Extradition” and “Prospects for International Law Enforcement and Judicial Cooperation”, and summarized them Based on China’s experience and achievements in international treaty-making and extradition cooperation over the past 30 years, it is unanimously believed that China has initially formed an extradition system that is in line with international practice and has Chinese characteristics.
Continuing to weave a dense network of extradition treaties
China began to conclude judicial cooperation treaties with foreign countries in the 1980s. Among them, the “China-Thailand Extradition Treaty” officially signed on August 26, 1993 is the first bilateral extradition treaty concluded by China.
Sun Hongpei, deputy secretary of the Party Committee and Secretary of the Discipline Inspection Commission of Beijing Normal University, said in his speech at the seminar: “On August 26, 1993, China and Thailand concluded the first bilateral extradition treaty, marking the official start of extradition cooperation between China and other countries based on the treaty. Over the past 30 years, China has made outstanding achievements in concluding extradition treaties with foreign countries, formulating extradition legislation, and carrying out extradition practices. Not only did we enact and pass the Extradition Law in 2000, it gave China a clear domestic legal basis for extradition cooperation. Bilateral extradition treaties have been concluded with other countries.”
Shi Xiaobin, Director of the Treaty and Law Department of the Ministry of Foreign Affairs, introduced at the seminar that since 1993, China has concluded a total of 60 bilateral extradition treaties with various countries, including 20 Asian countries, 14 European countries, 14 African countries, and 11 Latin American countries. , 1 country in Oceania, covering most of China’s neighboring countries, major Latin American countries, some African countries and relevant European countries. In particular, it has made important breakthroughs in the contracting work with some European countries that are key to pursuing fugitives and recovering stolen goods, which is commendable.
When Ma Xinmin delivered a keynote speech at the seminar, he pointed out that China’s extradition treaty network spans five continents and has concluded 60 extradition treaties with foreign countries, 40% of which were concluded after the 18th National Congress of the Communist Party of China. “We have spent decades going through hundreds of years of history in Western countries, and have initially formed an effective extradition system that is in line with international practice and has Chinese characteristics, and has achieved fruitful results.”
“After 30 years of unremitting efforts, China has completed the nearly century-long process of concluding judicial cooperation treaties among developed countries, and has entered the ranks of countries with relatively advanced judicial cooperation treaty systems.” Shi Xiaobin also expressed similar views.
Contracting work shows great significance
Over the past 30 years, Sino-foreign extradition treaties have grown from scratch and gradually built a treaty network covering five continents, effectively guaranteeing the exercise of China’s jurisdiction, effectively promoting China’s fight against crime and anti-corruption, and effectively safeguarding the rights and interests of Chinese enterprises and citizens. legitimate rights and interests, establishing the image of a responsible major country committed to combating transnational crimes.
“We actively carry out extradition cooperation with other countries in accordance with these extradition treaties and the principle of equality and reciprocity in extradition, and have achieved a series of successful experiences in recovering fugitives through extradition. Especially in recent years, as an important starting point for anti-corruption international pursuit of fugitives and major measures, China has recovered a large number of fleeing criminal suspects through extradition cooperation. The acquisition of successful cases is not only an important achievement of China’s international anti-corruption cooperation through extradition, but also an important manifestation of the continuous improvement of China’s image of international criminal rule of law.” Sun Hongpei explain.
Shi Xiaobin pointed out in his speech: “The network of judicial cooperation treaties covering five continents has been initially established and continuously developed, providing a solid legal basis for China to carry out international pursuit of fugitives and recovering stolen property, and at the same time fully demonstrating the international community’s confidence in China’s judicial system and human rights protection. and recognition. So far, we have successfully extradited more than 400 people back to China, most of whom are from countries that have extradition treaties with China, which fully demonstrates the importance of foreign treaty work.”
Huang Feng, professor at Beijing Normal University Law School and honorary director of the G20 Anti-Corruption and Fugitive Recovery Research Center, also spoke highly of China’s achievements in the 30 years since it concluded extradition treaties with foreign countries. He pointed out that the conclusion of the China-Thailand Extradition Treaty, which created several “firsts”, set a precedent for China to comprehensively and systematically introduce international legal norms on extradition cooperation, and opened the door for China to carry out overseas pursuit of fugitives on the track of the international rule of law. new situation.
At this seminar, Huang Feng and many other experts and scholars praised the unique and important role played by the Ministry of Foreign Affairs in their speeches. It is understood that the Ministry of Foreign Affairs is the leading department in China’s conclusion of extradition treaties with foreign countries. It is responsible for the negotiation, signing and subsequent ratification and entry into force of extradition treaties. It is also responsible for coordinating and promoting the handling of extradition cases, as well as submitting, receiving and reviewing extradition requests, and representing the Chinese government. Made commitments, etc., and also took the lead in drafting China’s extradition law. Relying on the dual background of diplomacy and law, the Treaty and Law Department of the Ministry of Foreign Affairs has played an irreplaceable role in the practice of extradition. Many participating experts praised the Ministry of Foreign Affairs for taking the conclusion of extradition treaties and other judicial cooperation treaties as an important part of bilateral relations, taking proactive measures, and continuing to build a close “legal network” for treaties.
Promote international law enforcement and judicial cooperation
Representatives from substantive departments and academia participating in the meeting expressed their willingness to work together to promote China’s extradition work to achieve new results and achieve new development.
Ma Xinmin pointed out that at present, changes in the world, the times, and history are unfolding in an unprecedented way. Against this background, disputes over systems, human rights and concepts are increasingly projected into the field of law enforcement and judicial cooperation, and China’s extradition work is facing new challenges. Combining the current international situation and relevant work practices, Ma Xinmin put forward three suggestions for further improving the extradition work: First, adhere to the correct political direction and serve the overall anti-corruption and fugitive recovery work and the strategic layout of comprehensive rule of law. Second, further strengthen overall coordination and comprehensively improve the extradition system and mechanism. Third, further strengthen capacity building and improve the level of contract conclusion, compliance and case handling throughout the entire process.
Sun Hongpei said that the academic community will strengthen the teaching and research of international law, actively provide advice and suggestions for international law enforcement and judicial cooperation including extradition, and contribute to the construction of foreign-related legal systems, international anti-corruption cooperation and major-country diplomacy with Chinese characteristics.
“The conclusion of extradition treaties and the implementation of extradition practices are not only an important part of China’s overall promotion of domestic rule of law and foreign-related rule of law, but also an important way for us to deepen international cooperation in anti-corruption and promote the establishment of a mechanism for pursuit of escape, prevention of escape and recovery of stolen property. Against this background This seminar, co-sponsored by the Department of Treaty and Law of the Ministry of Foreign Affairs and the Law School of Beijing Normal University and hosted by the G20 Anti-Corruption and Fugitive Recovery Research Center, commemorated the 30 years since China concluded extradition treaties with foreign countries and summarized the 30 years since China concluded extradition treaties and carried out extradition. It is of even greater significance to gain valuable practical experience and further promote the theoretical research and practical development of China’s extradition and international criminal judicial cooperation.” Sun Hongpei said.
The writer, a journalist at Legal Daily China.
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