The Death Penalty Extradition Principle Analysis

As an important principle in the extradition, the principle of non-extradition ofthe death penalty is making impressive progress and is widely used in the practice ofextradition despite its comparatively late formation. Under the circumstance of theadvancement in human rights protection and the trend of abolishment in death penalty,the principle of non-extradition of the death penalty presents the compulsory tendency.Since the emergence of the Extradition Law of the People’s Republic of China in2000, the flexible practice of “the case of Yu Zhendong” in2004and the ExtraditionTreaty between China and Spain in2006, there have been changes to a great extent inthe recognition of the principle of non-extradition of death penalty. This thesis tries toelaborate its historical revolution, its legal basis and its tendency, it also introduces thecases of western countries including the Short case, the Soering case and the Aylorcase, and finally it analyses the difficulties closely on the application of the principlein our country, and how to accept it rationally, how to promote relevant regulationsand judicial practices systematically.