The Study On The Principle Of Non-extradition To Death Penalty In International Law

With the development of globalization, the international judicial cooperation isincreasingly strengthened. Extradition as an important form of the internationaljudicial cooperation plays a growing important role in penalizing and preventinginternational crime. The principle of non-extradition to death penalty was formattedby the rise of the movement of abolishing death penalty and the intensification of theidea of protecting human rights. In spite of its late formation, it developed quickly andhad been written down by western countries in their domestic extradition law orspecifically stipulated in bilateral extradition treaty. It is also regarded as a steelprinciple. Due to the historic and realistic reasons in our country, the abolition of thedeath penalty at present is beyond reach, which becomes a significant barrier forChina to sign bilateral extradition treaty with other countries. In china, the principle ofdeath penalty free from extradition is not clearly written down in China’s ’extraditionlaw’, which is also a flaw of China’s ’extradition law’.’Chinese and Spain extraditiontreaty ’signed between China and Spanish, for the first time ordained that deathpenalty is free from extradition, which made a historical breakthrough in China andSpanish’s international judicial cooperation. Afterwards, clauses of non—extraditionto death penalty was explicitly written down in ’Chinese-French extradition treaty’and ’Chinese-Australia extradition treaty’ signed by our country’. As the currentsituation of China was concerned, it lagged far behind than the realistic demand. Meanwhile, the formation and growth of the principle of non-extradition to deathpenalty make a more complex clash between Human rights and sovereignty inextradition and arouse many contemplation-worthy questions with regard to how tocope with the effects the principle of non-extradition to death penalty.This article consists of four chapters and carries out research on the principle ofnon-extradition to death penalty from the angle of international laws:First chapter outlines briefly the concept and historical development ofextradition, introduces the concept of the principle of non-extradition to death penaltyand the disputes brought by the principle of non-extradition to death penalty, accountsthe origin and development of the principle of non-extradition to death penalty andconcludes the developing trend of the principle of non-extradition to death penalty.The second chapter introduces the propelling effect the movement of abolishingdeath penalty exerted on human rights protection, analyzes the relation between theprinciple of non-extradition to death penalty and human rights protection, accountsthe challenge the principle of non-extradition to death penalty brings to statesovereignty and the right understanding of the relation between extradition principleand state sovereignty.The third chapter introduces relevant legislations and practices in westerncountries. Meanwhile, it presents related legislations in China, the attitude taken byour bilateral treaty to this principle, the breakthrough made by ’’Chinese and Westernextradition treaty’ and our relevant judicial practices.The fourth chapter describes the existent barrier standing in the way of acceptingthe principle of non-extradition to death penalty; define the positive meaning theprinciple of non-extradition to death penalty brought to our country and finallyprovides the suggestion that we should amend our ’extradition law’, perfect criminallaw as well as the system of protecting human rights etc. to tackle the influence theprinciple of non-extradition to death penalty brought to our country.