The Principle Of Non-Extradition Of Death Penalty

The death penalty does not extradite principle, refers to the legal requirements of the party according to the request for extradition, may be extradited for crimes committed by the person sought sentenced to the death penalty or execution, is refusing extradition, the requesting party, unless the requesting party make enough not tosentenced or not the implementation of the death penalty to be extradited for sentencing commitment. Perspective from the extradition of corrupt officials, discussed in detail the concept of the death penalty does not extradite principles, the theoretical basis of the principle of non-extradition of the death penalty and the course of development, comparing China and other countries on the death penalty is not the status quo of the principle of extradition legislation and judicial practice, to examine the death penalty does not extradite the principle of extradition of the role played in the process of corrupt officials in our country and, at the end of the article about the principle of non-extradition of how to improve the death penalty in the application and development of our own views and suggestions.This paper is divided into four parts:The first part is an overview of the principle of the death penalty does not extradite. The principle of non-extradition of concepts from the death penalty as a starting point, why the principle of non-extradition of the principle of the generation, the course of development and direction of development, as well as the death penalty in the international increasingly rigid and widely accepted theoretical basis.The second part is introduced the principle of non-extradition of legislative provisions and judicial practice in China and Western countries, the use of comparative law method comparison studies listed status in different countries of the principle of typical classic case of three-dimensional introduce the death penalty does not extradite to deathand apply.The third part is the principle of non-extradition of the extradition of corrupt officials in China to carry out the death penalty. Perspective part of the corrupt officials, corrupt officials in China, the status quo and hazards, the impact of China’s death penalty policy for the extradition of corrupt officials, as well as the principles of traditional positions and legislative defects of the death penalty does not extradite, analyzed to death the principle of non-extradition of flight the corrupt officials extradition difficult.The fourth part is the death penalty does not extradite the principle of perfect. The change of the death penalty in the perfect domestic extradition legislation, the principle of extradition to face the death penalty does not retain the death penalty on the basis of appropriate policies and the establishment of corrupt officials and other aspects of criminal proceedings in absentia own humble opinion.