Research On The Legal Conditions Of Non-extradition

As a form of the international judicature cooperation, extradition plays an importantrole in different countries on fight against crime. With the development of the extraditionsystem in the world, there has been gradually formed a series of international standardof justice that guide the international extradition. These international standard, includethe legal conditions about non-extradition, these conditions are ruled in internationaltreaties or domestic law. Such as: The Political Offense Exception, Military OffensesException, or Natural-born nationals should not be extradited. Since1990s, with the endof the Cold War, some new situations have been taken place in the international society.On the one hand, transnational crimes become more drastic and rampant. Suppressingcrimes through enhancing the international criminal judicial cooperation has been acommon understanding and urgent task in both China and other countries. On the otherhand, the human rights protection is widely and deeply in the international community.The legal conditions about non-extradition are emerging some new developmenttendencies.This paper can be divided into four parts to illustrate the legal conditions aboutnon-extradition. And this will has important meaning both in theory and practice in thelegal conditions about non-extradition. The first part is the summary of non-extradition.In this part, it mainly focuses on concept; and legal basis about non-extradition. Thereason of non-extradition include: the different legal system about different countries; theconsideration about their own interests. The legal basis about non-extradition consists ofinternational basis and domestic basis. The second part is absolute legal conditions aboutnon-extradition. It introduces the conditions about non-extradition. It tells the problemand solution about legal conditions. The third part is relative legal conditions aboutnon-extradition. It introduces the conditions about non-extradition. It also tells theproblem and solution about legal conditions. The fourth part provides the legal conditionsabout Chinese non-extradition. It mainly introduces the shortage of legal conditionsabout Chinese non-extradition. On this basis it puts forward the improvement about legalconditions about Chinese non-extradition.