Research on Sentencing Commitments in International Fugitive Repatriation and Asset Recovery
DOI:
https://doi.org/10.70088/atz7ab13Keywords:
sentencing commitment, extradition law, capital punishment, fugitive repatriation, asset recovery, international legal cooperationAbstract
International cooperation in the repatriation of fugitives and the recovery of illicitly transferred assets constitutes a critical dimension of global legal governance. Within the framework of China's extradition law, sentencing commitments have emerged as a pivotal mechanism for overcoming the principle of non-extradition for capital punishment, which remains a significant obstacle in extradition cooperation between China and many Western countries that have abolished capital punishment. This paper employs a doctrinal legal analysis combined with comparative and case study methodologies to examine the theoretical foundations, institutional characteristics, and practical applications of sentencing commitments. Through representative case studies, the paper evaluates the practical considerations underlying sentencing decisions in major repatriation cases and critically reflects on three prominent issues: the ambiguity of sentencing discretion, potential inconsistencies with the principle of equality before the law, and concerns regarding the credibility and procedural formalization of sentencing commitments. Furthermore, the study analyzes the interplay between domestic legal frameworks and international obligations, highlighting the challenges of harmonizing divergent legal traditions. The paper concludes by discussing potential pathways for improving the sentencing commitment system, including legislative refinement, enhanced judicial oversight, and greater transparency in commitment procedures, to strengthen its legal certainty and international acceptance. These recommendations aim to facilitate more effective cross-border legal cooperation while safeguarding fundamental principles of justice and due process.References
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Copyright (c) 2026 Yiming Lu (Author)
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