Ideas for Solving the Problem of Surrender of Fugitives in Different Domestic Jurisdictions

DOI

10.2991/978-2-38476-327-6_15How to use a DOI?

Keywords

Surrender of Fugitive Offenders; Legal Cooperation; “One Country Two Systems”; Criminal Jurisdiction

Abstract

This paper firstly outlines the legal gaps and practical dilemmas in the surrender of fugitive offenders between the Mainland and Hong Kong, including the lack of a clear legal basis, conflict of criminal jurisdiction, double criminality standard, the problem of the surrender of death penalty offenders and political prisoners, and the problem of the surrender of residents in this jurisdiction. The existence of these problems has led to complicated and inefficient procedures for the transfer of fugitives, which has seriously affected the effectiveness of judicial cooperation between the two jurisdictions. The article further analyzes the urgency of legal cooperation and points out the importance of fugitive surrender for the maintenance of social security and the enhancement of public trust in the legal system. Finally, the article proposes countermeasures to build a cooperation mechanism for the surrender of fugitives in domestic jurisdictions, including adherence to the principle of “one country, two systems, mutual respect”, reasonable definition of criminal jurisdiction through equal consultation, exclusionary application of the principle of international extradition, and implementation of the principle of pragmatism and high efficiency, with a view to providing feasible solutions for judicial cooperation between the two places.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Jingyan Song
PY  - 2024
DA  - 2024/12/17
TI  - Ideas for Solving the Problem of Surrender of Fugitives in Different Domestic Jurisdictions
BT  - Proceedings of the 2024 4th International Conference on Social Development and Media Communication (SDMC 2024)
PB  - Atlantis Press
SP  - 121
EP  - 127
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-327-6_15
DO  - 10.2991/978-2-38476-327-6_15
ID  - Song2024
ER  -