Abstract:
In order to combat aviation offences, the extradition rules in the aviation security conventions have been revised in the Beijing Convention and a dense legal net has been established for punishing aviation offences as far as possible. The efforts to depoliticize aviation offences and the rules for extraditable offences introduced in the Beijing Convention will reduce the difficulty of the extradition of perpetrators, but will still be subject to the restrictions of national sovereignty on extradition. Although formulated differently from the Extradition Law of the People’s Republic of China and extradition treaties between China and foreign countries, the Beijing Convention is not in conflict with those rules thereof in nature, and the minor differences can be resolved through interpretation and other appropriate measures. The application priority of the extradition treaties between China and foreign countries, the Extradition Law of the People’s Republic of China and the Beijing Convention, which are the basis for extradition, should be determined in accordance with the provisions of treaties and laws on specific matters. It is suggested that bilateral extradition treaties should be signed as soon as possible with countries which make extradition conditional on the existence of a treaty and that the existing extradition treaties between China and foreign countries should be amended. It is also argued that the Extradition Law of the People’s Republic of China should be revised in the way that the terms of absolute non-extradition of domestic citizens therein should be changed into terms of “having the right to refuse” extradition of nationals, and the principle of aut dedere aut judicare should be explicitly defined.