The Idea of a China Arrest Warrant (el. knyga) (skaityta knyga) | knygos.lt

Aprašymas

A theoretical model for extradition between China, Hong Kong SAR, and Macau SAR.

Hong Kong and Macau have both been Special Administrative Regions of China since 1999. To this day, however, the two SARs and mainland China have yet to form a cohesive agreement for extradition. Yanhong Yin proposes a theoretical model, the China Arrest Warrant, that fulfills three essential criteria: compliance with the framework of "one country, two systems," allowance for differences within the three divergent legal systems, and sufficient human rights protection.

This model takes direct inspiration from the European Arrest Warrant, which is undergirded by the principle of mutual recognition--the idea that while states may make different decisions on a wide range of matters, results will be accepted equivalently to decisions made by one's own state. The success of the European Union's adoption of mutual recognition across political, economic, and legal situations is instrumental in providing a blueprint for judicial cooperation among mainland China, Hong Kong SAR, and Macau SAR.

The Idea of a China Arrest Warrant seeks to resolve a legal quandary that has existed for decades without resolution, and is essential reading in criminal and constitutional law.