How can we arrest people without an extradition treaty between China and the United States?

In countries without extradition treaties, the methods of arresting people are as follows:

1. You cannot ask the other country to arrest people directly, but you can pursue them through international judicial cooperation;

2. In judicial practice, it is generally the China police who provide criminal evidence to the judicial organs of the other country, so that even if there is no extradition treaty, the other country can repatriate them through immigration procedures.

What are the conditions for extradition?

1. The subject of extradition request must be the country with the right to request, including the country where the criminal belongs and the country where the crime occurred. Individuals cannot be the subject of extradition requests;

2. The occurrence of extradition must be based on the fact that the criminal whose extradition is requested lives in another country and has committed an extraditable crime;

3. Extradition shall be conducted in accordance with extradition treaties.

As long as extradition meets the general requirements of international law for extradition, that is, the principle of double criminality, the principle of non-extradition for those facing the death penalty, and the principle of specificity (that is, the country requesting extradition can only try or punish the person for the crime that constitutes the grounds for extradition, and political prisoners will not extradite), and there are extradition treaties, conventions or agreements, regardless of whether the offender is a "fake passport holder or an illegal immigrant".

Extradition treaty refers to the act of handing over a person accused of a crime by country B to country B for trial or punishment at the request of country B. Since there is no obligation to extradite country B in international law, it is entirely the choice of the applicant country whether to extradite the criminal back to the applicant country in the absence of extradition treaty.

Legal basis:

Extradition Law of People's Republic of China (PRC)

Article 7 The extradition request made by a foreign country to People's Republic of China (PRC) must meet the following conditions before extradition can be granted:

(1) According to the laws of People's Republic of China (PRC) and the requesting country, the act indicated in the extradition request constitutes a crime;

(2) Where extradition is requested for the purpose of instituting criminal proceedings, according to the laws of People's Republic of China (PRC) and the requesting country, the crime indicated in the extradition request may be sentenced to fixed-term imprisonment of more than one year or other heavier punishment; If extradition is requested for execution of penalty, the term of imprisonment of the person sought who has not served his sentence shall be at least six months at the time of making the extradition request.

Extradition may be granted for a variety of crimes that conform to the provisions of the first paragraph of the preceding paragraph, as long as one of them conforms to the provisions of the second paragraph of the preceding paragraph.

Article 8 The extradition request made by a foreign country to People's Republic of China (PRC) shall be refused under any of the following circumstances:

(1) According to the laws of People's Republic of China (PRC), the person sought has the nationality of People's Republic of China (PRC);

(2) When receiving the extradition request, the judicial organ of People's Republic of China (PRC) has made an effective judgment on the crime indicated in the extradition request, or has terminated the criminal proceedings;

(3) extradition is requested for political crimes, or People's Republic of China (PRC) has granted asylum to the person sought;

(4) The person sought may be subject to criminal proceedings or execution of punishment because of his race, religion, nationality, sex, political views or identity, or the person sought may be treated unfairly in judicial proceedings for the above reasons;

(5) According to the laws of People's Republic of China (PRC) or the requesting country, the crime indicated in the extradition request is purely a military crime;

(6) According to the laws of People's Republic of China (PRC) or the requesting country, at the time of receiving the extradition request, the person sought should not be investigated for criminal responsibility because the crime has been committed or the person sought has been pardoned;

(7) The person sought has been or may be subjected to torture or other cruel, inhuman or degrading treatment or punishment in the requesting country;

(8) The requesting country makes an extradition request based on the default judgment. However, unless the requesting country promises to let the person sought be retried in his presence after extradition.