Research On Principles Of Non-extradition Of Political Offenders And Death-Penalty

International community is facing the challenge from offences of terrorism and corruption. Offenders of these two kind offences often choose to flee away to foreign countries which may protect them from being punished. But in practice, obstacles have been objectively constituted to the extraditing of the offenders above-mentioned by principles of both non-extradition of political offenders and non-extradition of death-penalty. With the usual existence of close and complicated relation between terrorism offences and political factors, the requested state often rejects the extradition request by giving a reason that the charged terrorist suspect is believed to be a political offender, which leads to the conflict between the punishment of terrorism offences and principle of non-extradition of political offenders. Similarly, another extradition-rejecting principle, that is principle of non-extradition of death-penalty, is also an obstacle to the punishment of corruption offences. Since there is so much difference in understanding the value of death-penalty, concluding and signing a treaty on extradition becomes a rather difficult task between those countries in which this penalty still exists and others abolished. Without such a treaty, the requesting state has to give such assurance to the requested state, in order to obtain the person wanted, as he/she will not be sentenced to death-penalty, and if the sentence of death-penalty has been made, it will not be carried out. However, the assurance and its fulfilment may bring an unfair consequence that the punishment doesn't match up to one's crime. Furthermore, this kind of assurance may not accepted by the requested state, thus extradition request may at last, not be granted either. Although a few resolutions have been developed, they are obviously of some certain limitations, of significance of only individual cases, of some certain instantaneousness. With the aim of punishing offences of terrorism and corruption more effectively, it is a practical and necessary choice to seek out long-term resolutions. Some procedures have been designed in this text, including appealing, arbitration by the third party and bringing a suit in the International Court, which are expected to bring more fairness in holding whether an act is of a political offence or not, whether of a terrorism offence or not and thus help to resolve the conflict between the punishment of terrorism offences and principle of non-extradition of political offenders; some suggestion has been proposed on transforming attitude, taking measures and establishing mechanisms, such as concluding and signing as more treaties with foreign countries as possible, extending the sphere of legal standing of extradition, establishing a system of assurance and a coordinated supervising mechanism on its fulfilment, etc. All these are aiming at resolving the conflict between the punishment of corruption offences and principle of non-extradition of death-penalty. Meanwhile, some advice has also been made on improving related extradition legislation of China in the end.