The Principle Of Non-extradition Of Political Offence

The principle of non-extradition of political offence is critical symbol of modern extradition system, and fulfils important function of protection of human rights. However, neither international conventions nor domestic law defines"political offence", so each country can freely explain"political offence"upon its needs, which results in inconsistent application of the principle and hinders cooperation on extradition between countries. In order to define the"political offence", some scholars put forward their methods, and many countries also have formed their criterions in practice. Those methods and criterions are reasonable in some extent but usually confined to some special circumstance. Therefore, which criterion should be employed depends on specific circumstance. In order to crack down transnational crime, international community starts to impose restrictions on the principle, excluding certain crimes from the protection of principle by relevant conventions, which differ in the crimes which should be excluded. Besides, the extradition review systems adopted by each country are also different , especially the difference in the authorities which make final decision, such as administrative authorities in some countries while judicial authorities in other countries , which also affect the application of the principle.This dissertation is composed of six parts, about 30,000 words. This dissertation elaborates the principle of non-extradition of political offence employing the comparative method.Part One-The Prelude. It illustrates the purpose of writer in analyzing the principle of non-extradition of political offence, the sources of the materials needed for this thesis, and how the writer would state her ideas in this thesis.Part Two-Generality of the principle of non-extradition of political offence. It starts with the definition, nature, jurisprudential basis, history and significance of the principle. Then it introduces the criterions of political offence, exceptions of political offence and review systems.Part Three-The law and practices of the principle of non-extradition of political offence in main western countries. It analyzes the stipulation about the principle, criteria on defining"political offence"and the review systems of the United Kingdom, France and Switzerland, and then commentates on the law and practice of these countries.Part Four-Stipulations on the principle of non-extradition of political offence in relevant conventions. It takes European Convention on Extradition, Inter-American Convention on Extradition and West African Economic Community Convention on Extradition for examples, illustrates their expression on the principle, and analyzes characteristic of stipulations and requirements to contracting states applying the principle.Part Five-Suggestions on the law and practice of our country on the principle of non-extradition of political offence. It analyzes the problems of the principle in our law and practice, and then it puts forward advices to solve these problems and improve the law and practice basing on the foregoing conclusions reached by analysis.Part Six-The epilogue. It serves as a conclusion of the whole thesis, and summarizes the main contents of the thesis and related conclusion, as well as suggestions on how to borrow legislation and practice from the main western countries and international convention.