Study On The Principle Of Non-Extradition For Capital Punishment

As the international criminal judicial cooperation becomes more and more important, extradition, a major form of the cooperation, is attracting extensive attention. Extradition is related to the sovereignty of states and the rights of defendants, therefore, some principles which guide the cooperation have formed in the long history of the extradition activity. The principles of extradition are important parts of the extradition activity and are widespread and relatively steady rules formed from constant practice and continuously development of the international society. The principles of extradition include"the principle of double criminality","the principle of speciality","the principle of non-extradition of political offenders","the principle of non-extradition for capital punishment","the principle of aut dedere aut judicare". As the abolition of capital punishment and the protection of human rights are being strengthened, the development of the principle of non-extradition for capital punishment is extremely fast and the principle is becoming more and more compulsory.This thesis consists of four chapters. It tries to systematically elaborate the principle of non-extradition for capital punishment in both theory and practice. It places particular stress on legal basis of the principle, the relation between the principle and the sovereignty of states, the compulsory tendency of the principle. This thesis also introduces the cases of western countries, examines closely on the application of the principle in our country, analyzes difficulties of the principle, puts forward the suggestions and promotes relevant regulations and judicial practice in our country.Section 1 of chapter 1 simply expounds the extradition and the principle thereof. Section 2 sums up three stages of the historical revolution of the principle, and uses the demonstration to introduce relevant rules of some countries'legislations, international treaties and the principle of reciprocity.Chapter 2 analyzes the relation between the protection of the right to life and the principle of non-extradition for capital punishment, the relation between the sovereignty of states and the principle, and the compulsory tendency of the principle. It also analyzes the activity of the abolition of capital punishment, which affects the protection of the right to life, rushes at the sovereignty of states and accelerates the compulsory tendency of the principle. It concludes that the principle of non-extradition for capital punishment is more and more unshakable.Chapter 3 introduces the judicial practice on the principle between Canada and the United States and between major countries in Europe and the United States, abstracts the issue by reading cases, analyzes the development process of the principle of western countries, and lays the groundwork for future construction of our country's relevant legislations.The final chapter expounds the improvement of the principle in our country from three aspects, which are"What","Why"and"How". It formulates difficulties of the principle by analyzing the application of the principle in our country and our attitude to the principle, and then, ponders over these difficulties, finds the resolution in order to make contributions to future relevant legislations and judicial practice.