The Principle Of Non-Extradition Of Death Penalty

The principle of non-extradition of death penalty has developed rapidly in recent decades .Now it generally exists in criminal judicial assistance laws and extradition treaties of somme countries and has become an important principle of extradition. The reason that the principle of non-extradition of death penalty appeared is the protection of human rights. Although the international community has shown a trend towards the abolition of capital punishment,it is impossible to eliminate the disagreement on death penalty in the near future.So the principle of non- extradition of death penalty is a controversial issue and is also a problem which is difficult to solve.According to this situation,from the conception of the principle of non-extradition of death penalty,this paper introduced its history and its two specific practices,analyzed its status in extradition system and its theoretical foundation,and then analyzed existed problems of the application of the principle of non-extradition of death penalty,proposed some measures to solve the problems.After this,combining with realities in china,this paper discussed the impact on china when The principle of non-extradition of death penalty has being universal used in the world.This paper is divided into four parts:Part I: Overview of the principles of non-extradition of death penalty.This part introduced the concept and history of the principles of non-extradition of death penalty first.Then this part focused on the analysis of its status in the extradition system, analyzed its two specific practices,pointed out that the relative extradition can meet the needs for the international community to fight against crime together and cooperate on extradition.Part II : The theoretical foundation of the principle of non-extradition of death penalty.This part discussed its theoretical foundation: sovereignty and protection of human rights , analyzed the relationship between sovereignty and human rights in the application of the principle,pointed out that this principle should be applied on the foundation of respect the other party's sovereignty.The extradition of criminals will be impossible if some countries refuse absolutly to extradite a man who faces with danger of death penalty.Part III: The application of the principle of non-extradition of the death penalty penalty.This part analyzed the existed problems of the application of the principle of non-extradition of the death penalty penalty,such as how to judge that the extraditable person will face penalty beforejudgement by another country, making and acceptance of promise that the extraditable person will not be sentenced to death, indirect application of the principle of non-extradition of the death penalty.The most important issue of this part is how to deal with the problem of refusing extradition because of death penalty.To avoid this phenomenon that criminals can not be punished after the extradition request was rejected,trassfer of jurisdiction of criminals proceedings shoud be adopted.Part IV: The principle of non-extradition of the death penalty penalty and China's extradition. Firstly, this part analyzed the relationship between this principle and the difficult problem of extradition in china and pointed out that the death penalty is an obstacle.Then this part discribed the change process of Chinese opinion on this principle, analyzed the impact on china after this principle was being admitted,proposed some measures to further improvement of our law relating to extradition.Finally, The principle of non-extradition of the death penalty penalty should be correctly treated. Otherwise, death penalty would be an obstacle to extradition cooperation. The introduction of the principle of non-extradition of the death penalty penalty will have an important role in china's active extradition. But we should also pay attention to the question of coordination between domestic law and international law.