On The Political Offense Extradition Principles

The principle of non-extration of the political offence has been established during French Bourgeois Democratic Revolution in the form of domestic law of western European country and treaties among them. Afterwards it gradually came into an important principle of international law.This principle is always connected with protection of human rights because a political offender is easily percecuted by rulers . Today almost all nations in the world admits this principle,however their understanding on what it is differs greatly. The reason lies in it's dual feature. On one hand the principle plays a special role in getting rid of international disputes and safeguarding human rights. On the other hand it easily becomes a legal excuse of some nations to refuse extradition by consideration of their own interests since universal definition of Political Offense does not exist in international community,every country can freely explain Political Offense dependant upon it's needs. That is to say the country may regard the offender as political offender if he intends to refuse extradition. It give some terrosits room escaping penalty. From this angle, the pirnciple has hindered international assistance in criminal justice. This is why many countries that have been attacked by terrorism stick to abolision of the principle.The author's viewpoint is that the principle should be revised and limitted with change of conditions,not be abolished.This thesis consists of seven parts,nearly 30,000 words altogether . At first, the essay explains the course of the formation of the principle of non-extration of the political offence from it's contents and classification , and analyses the limitation of the principle , prospects for it's future , and advances several countermeasures of improving it's application。Part I-Introduction. In this part, the reasons why the author write this essay are given.Part II-How the principle of non-extration of the political offence is established in which the defination of political offence, theoretic basis of the principle, the ralation of the principle and the right of asylum and classification of political offence are explained in detail.Part III-The nature of the principle. In this part the author analyses the nature of the principle and concludes it has developed into an international customs and as for the country, that whether it will agree to transfer or not is its right but duty.Part IV-Value of the princiole . It has two aspects one is the positive factors the other is its limits. The latter is the author^ main concern.Many problems results from it.Part V-Terrorism crime. We can know the concept and the cause of the terrorism crime from this part. Relation of terrorism and the principle is mentioned.The author also dicusses if the principle can be adopted in terrorism crime.Part VI-The future of the principle. There are two theories about it: Abolition and Replacement. The viewpoit of author is neither is perfect.Part Vll-Conclusion. A breif conclusion of the former six parts: the principle should be revised and limitted with change of conditions,not be abolished.