The Principle Of Non-extradition Of Death Penalty

Extradition, as a national co-operation between the criminal justice system attracted people's attention in recent years. In particular the principle of extradition in the death of non-extradition principle, it is becoming the focus of much controversy. From the case of Lai Changxing and Yu Zhendong until the case of Shen Lei in 2009, the principle of non-extradition of the death penalty frequently appeared in press.In fact, not only in China, the principle of non-extradition of the death penalty as an important principle of extradition, in recent decades more and more attention around the world, play a role in the extradition is also growing, its rigidity is also become increasingly evident.The principle of non-extradition of the death penalty, which, under the laws of the requesting country, the person sought for extradition request may be due to be sentenced for the crime or the death penalty, unless the requesting country to make the requested country that is not enough to ensure the death penalty, or sentence the case of the death penalty the death penalty is not the commitment, the requested country may refuse extradition. In this paper, the principle of the death penalty is not the concept of extradition, the death penalty is not discussed in detail the development process of extradition principles, theory and its development in today's world and our current situation, in-depth analysis of the death penalty, the principle of non-extradition practice in China, some existing problems Finally, the death penalty for non-extradition of improving the application of-the principle put forward in my own opinion:That should strengthen the protection of human rights, improve the legislative proceeding, while the analysis of the development status of the death penalty under the premise of retaining the death penalty made appropriate changes based on the policy recommendations of the death penalty. Also, because China is in rapid development of market economy and social transition in China's corrupt criminals fled the share of large, corrupt officials on whether to use the principle of non-extradition of the death penalty there are also in dispute. This proposed change in policy of the death penalty, the gradual abolition of the death penalty point of view of economic crime, the focus on how to punish corrupt officials from the angle of his own humble opinion.This Paper is divided into four parts: The first part deals with Outlined the principles of non-extradition of the death penalty. The death penalty does not extradite some of the principles from the concept, introduced the principle of generation and development process, discusses the death penalty, the principle of non-extradition of the theoretical basis and the principle of the importance of the existence and development.The second part deals with The international community for the death penalty does not extradite its widely accepted principles of the Enlightenment for us. This section lists the main principles of the death penalty does not extradite foreign countries between legislation and the provisions of the extradition treaty and specific analysis of the reason why such provisions, the principle is discussed widely used in the international community on China.The third part deals with The principle of non-extradition of the death penalty in China and problems of practice. The part of the international to domestic, of avoiding the death penalty in China from as far as possible apply non-extradition principle has been to the "The extradition treaty between China and Spain" a breakthrough for the application of the principles and judicial practice in China in recent years, its applicable, in-depth discussion types of development change. On the other hand, the principle that the death penalty in China is not the practice of extradition of problems, mainly from the lack of legislation and the principles of its own to understand the error of the discussion.The last part deals with The reflection on Improvement of the death penalty does not apply the principle of extradition. The third section presents some of the country against the death penalty in principle does not extradite a problem, the corresponding solutions. Mainly from the strengthening of human rights protection and improve the legislation to ensure the application of that principle, combined with the larger dispute Abolition of Death Penalty and the extradition of anti-corruption issues some of my views.