Why is there no extradition treaty between China and the United States?

Why there is no extradition treaty between China and the United States;

1. China also proposed to the US to sign a Sino-US extradition treaty, but the US indicated that it was "not ready" for this proposal.

2. For a long time, the West has been reluctant to hand over suspects to China on the grounds that the judicial system in China lacks transparency and due process. Dong Liu, director of the Economic Investigation Bureau of the Ministry of Public Security of China, said that the US authorities are biased against China's legal system and "mistakenly believe that we will unfairly prosecute suspects."

3. Is it possible for China and the United States to sign extradition treaties in the future? The premise given by the State Council in the United States is that people extradited from the United States to other countries must receive a fair trial and cannot be tortured or abused in other ways. In addition, the United States will not consider negotiating extradition treaties unless other countries promise to extradite their own nationals.

4. Regarding the concerns of the United States, Yuan Peng, vice president of China Institute of Contemporary International Relations, said that sometimes the United States regards corrupt officials as political prisoners for political reasons, and the standards of the two sides are different, which is the difference in politics, justice and cognition. The case of Lai Changxing's repatriation to China shows that as long as there is sincere cooperation, there is still a lot of room for compromise, because the fear of not repatriating corrupt officials for human rights reasons should be getting lower and lower.

Extended data:

Legal basis of extradition treaties and related treaties

legal ground

Extradition treaties are the basis for extradition of criminals between countries. Because there is no obligation to extradite a country in international law, in the absence of extradition treaty, whether to extradite criminals to the applicant country is entirely a matter for the defendant country. For Lai Changxing's case, if there is no extradition treaty between China and Canada, then Canada can extradite if it wants to, and not if it doesn't want to. China had no choice.

However, if there is an extradition treaty, it will be different. Generally speaking, extradition treaties will stipulate the relevant conditions and other matters for mutual extradition of criminals between two or more countries. If there is a promise in the treaty to extradite criminals from a certain country, then extradition becomes an international obligation and must be fulfilled. Extradition cannot be refused without justifiable reasons.

Related conventions

As of 20 19, 1, China has concluded mutual legal assistance treaties, asset return and sharing agreements, extradition treaties, and agreements to combat "three forces" * * *161(131. Details are as follows:

1, 55 extradition treaties (39 in force)

2. There are 45 treaties on criminal judicial assistance (36 have entered into force).

3. Treaty on Mutual Legal Assistance in Civil and Criminal Matters 19 (all valid)

4. Twenty treaties on judicial assistance in civil and commercial matters (18 came into force)

5. Asset Return and Sharing Agreement 1 (not yet effective)

6. Seven agreements to combat the "three forces" (all in force)

7. There are 14 treaties on the transfer of sentenced persons (12 came into force).

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