The Principle Of Non-extradition Of The Death Penalty Study

As an important form of international cooperation of criminal judicature,extradition has been playing an important part in cracking down the trans-national crime.Some of the principles that regulate the extradition are currently developing and maturing in the implementation, among which the principle of non-extradition of the death penalty is being paid growing attention to and taking an increasingly great role in extradition,although it was formed later than other principles of extradition.Despite the comparatively late formation,it made considerable progress in its legislation,it can be seen everywhere in both domestic legislation of extradition and bilateral/multi-lateral extradition treaties. The principle of non-extradition of the death penalty not only involves with the attitude to death penalty all over the world but also bears increasingly intimate connection to the international protection of human rights in various nations.The principle of non-extradition of the death penalty was skirted round in the Extradition Law of the People's Republic of China passed in Dec.18^th,2000,which resulted in the great impediment to the implementation of extradition that Chinese law is not applicable to all the suspects.China acknowledged and paid due respect to the principle of non-extradition of the death penalty for the first time when clauses involving the extradition of penalty first appeared in the Extradition Treaty between China and Spain in 2006.Although in current China the principle of non-extradition of the death penalty is still not clearly defined in legislation,there have been changes to a great extent in the recognition of the principle of non-extradition of the death penalty during the past few years,with the flexible practice of "the case of Yu Zhendong" as the prominent manifestation.It is of great significance both theoretically and practically to the improvement of Chinese Extradition Law as well as the implementation of extradition in China to accept the principle of non-extradition of the death penalty rationally.