Shall Not Be Extradited Several Legal Issues Research

Extradition is an important formality in the international criminal judicial cooperation. A series of principles of non-extradition have been formulated in the extradition practice and have been defined in the form of domestic extradition laws and extradition treaties. For example:Political criminals, condemned criminals or natural-born nationals should not be extradited.Since 1990s, with the end of the Cold War, there has been a great change in the international social situation. For one thing, the tendency of internationalization and severity of crime has got to a common view of joint cracking down on crime by means of international judicial cooperation; for another, the sence of human rights protection has been accepted widely, the human rights ensurance to the people who are extradited have been attached great importance, and there have been new developing trends in the cases of non-extradition.This dissertation consists of 4 parts, and the main contents and considerations list as follows.Chapter 1 OverviewIt mainly briefs the definition and the history of extradition, the non-extradition and its meaning, the non-extradition and judicial practice, as well as the reflects among the international treaties, the domestic legislations and the international judicial practices.Chapter 2 The Reasons of Non-extraditionIt provides the history and development of non-extradition, details the non-extradition of political criminals,discusses the non-extraditionin the account of human rights(e.g. death penalty, excruciation, humanity, impartial trial and etc.), analyzes the history, the development and the cases of the non-extradition of the natural-born nationals, and differs the Continental Legal System from the Anglo-American Law System in the case of the non-extradition for the natural-born nationals.Chapter 3 The Consequences of Non-extraditionIt explains the concept of shelter, analyzes the relationship between non-extradition and shelter for the political criminals, differs the non-extradition of political criminals from the national shelter rights, and points out the national responsibilities of the extradition and the suit.Chapter 4 The Implements of Non-extradition in ChinaIt briefs the legislation developments and practises of non-extradition in China and the Extradition Law, summarizes the problems in the non-extradition system in China, and states some active countermeasures to the foreign non-extradition cases.The Conclusions, It summarizes and concludes the main points of view.