Analyzing Of The Principle Of Non-extradition Of Death Penalty

Nowadays, as the rapid growth of transnational crimes, criminal justice cooperation has become the main content within the international relationship for the purpose of punishing criminals and maintaining the dignity of the law. Extradition relates to sovereignty of and interests of states and, the rights of defendants. In the long history of the development of extradition, there have been forming some principles, such as"offences of a political character been excluded","extradition of nationals not allowed"and,"non-extradition of death penalties". The formation and development of all principles have their certain history background, procedure and jurisprudence basis. As far as the principle of non-extradition of death penalties concerned, it plays bigger and bigger role. So it's necessary to analyze it theoretically.To analyze the principle of non-extradition of death penalty and to find out the background should start with the formation of it. The first part outlines the system of extradition and its principles. Based on the analyzing of the definition and sources of the principle of non-extradition of death penalty and, the influence of national legislations, multinational treaties and abolition of the death penalty campaign, the paper concludes that non-extradition of life penalty should be considered as one of principles of extradition. Also, the paper analyzes its character of international custom.The theme of second part is that as long as the principle of non-extradition of death penalty has already become one of very important principles of extradition, what is its jurisprudence basis? Human rights is one of most important basic values and, its idea goes throng every legal department and legal system. The paper rises to the protection of human rights in the extradition issues through discussing the Human Rights from thoughts to legal provisions, from national legislations to the development of international protection of human rights. The system extradition not only includes substantive laws, but also procedural laws. All states set great store by the protection of human rights of defendants. The right to life as the first human right has been protected by non-extradition of death penalty. The paper concludes that the jurisprudence basis of non-extradition of death penalty is to protect human rights of defendants, the right to life especially.The sovereignty of states is the main principle of international law and it also has power in the extradition system. The third part of paper analyzes the sovereignty of states in the extradition system, and further discusses the challenge to the sovereignty principle rising by the principle of non-extradition of death penalty after explaining the basic theory of the sovereignty of states. It looks like non-extradition of life penalty principle makes some influence to sovereignty of states, but actually it is states'"self limitation". The principle of non-extradition of life penalty does not influent the sovereignty of states, but safeguards the integrity of sovereignty.In the last part, the paper analyzes the big challenge rising from the principle of non-extradition of death penalty in the reality based on the practice of the principle in China. Although we still have death penalty and, applying the principle of non-extradition of death penalty in China will bring lots of adverse effects, for example, the conflict between the practice of the non-extradition of death penalty and basic principles of criminal law, to understand and accept the principle of non-extradition of death penalty have its practical and positive significance. For the purpose of realizing successful cooperation with other states in extradition issues, we should accept the principle in extradition treaties, and also to perfect our legal system, especially the Extradition Act, in which should have the principle of non-extradition of death penalty. The paper is profound but easily understood. It consists of the explanation of basic theories and personal views. The more important thing is that it is based on practice. However, because of the limit of resources and knowledge, there must be some insufficiency but will be improved by further study.