Political Crime Under International Law Principle Of Non-extradition Of Research

Modern extradition is the act by which one side delivers up an individual within its jurisdiction where he is accused of or has been convinced of an offence, to other side which demands him and which is competent to try punish him. Extradition deals not with the national sovereignty, national interests, and the criminal policy, but also with the rights protection of parties concerned. Therefore, there are some exceptions to this principle, for instance, the non-extradition of a native citizen, the non-extradition of state crimes, and the non-extradition of the death penalty. Among these exceptions, the non-extradition of state crimes is the most universal and complicated, and also the most controversial with the most uncertainties. As an important principle of the international extradition system, the non-extradition of state crimes plays a key role in the international cooperation in destroying crimes and the protection of human rights. On the basis of integrating basic theories of international law, this paper demonstrates the central issues of the non-extradition of state crime from the angle of the international law.To these ends, this paper, consisting of 6 parts, is organized in the following way:Part one starts with an introduction of the history of the non-extradition of political crimes and its development today. And then it focuses on its essential signification and legal significance.Part two deals with the central issues of this principle—the definition and classification of the non-extradition of political crimes, and then proceeds to a further introduction of the contents of this principle.In the last several decades, the international terrorism and the international crime are more and more rampant. And such crimes more or less include some political factors. They usually take advantage of this principle and flee to the countries which are tolerable for their crimes. If this non-extradition principle applies to such crimes, it will inevitably do harm to the common interests of all us human beings, and it will go against the maintaining of the nonnal order of the whole world. So, it is of necessity for different countries to cooperate with each other to destroy such crimes, to eliminate some crimes from the non-extradition of statecrimes.Part three presents a summary of the exceptions of this principle, which contributes an important part and also the new development of this principle. As a legal principle, the non-extradition of political crimes is often abused by many countries.Part four specially presents an analysis of the reasons why the principle is abused, which provides a basis for the next part.Part five prospects the future of this principle and argues for the necessity of its existence. Also, this part summarizes some scholars' viewpoints and advances some measures for its improvement.Part six offers an introduction of the legislation and application of this principle in China. It also points out its deficiencies and limitations. Finally it discusses the problem of extradition of venal functionaries in China.This paper then concludes with a summary of the author's viewpoint—as one important principle of modern extradition system, the non-extradition of state crime will change and develop with the more frequent international communication and judicial cooperation. In this regard, what is needed is not the legislation, but more importantly, is whether different counties can abandon their illiberal self-protection and carry forward more cooperation. Thus, it is essential to make efforts to eliminate the political divarications and race prejudice among different counties.