On The Principle Of Non-extradition To Death

Non extradition of death penalty is an important expression of protecting human rights. It shows the restriction and opposition of death penalty, the international humanitarian spirit, and it protects the life rights of people who are extradited. Non extradition of death penalty principle is the result of modern extradition System, it forms and grows with the human rights concept. Due to the special conditions of economic system and some history reasons in our country, the repeal of death penalty is impossible now. With the continuous improvement of our foreign policy and on-going expansion of international communication, China’s status, as a great power in the world, is in increasing, which brings a broad space for legal cooperation between China and other foreign countries in the field of extradition felons and condemned prisoner back to our country for trial. However, the internationally recognized extradition principle that non extradition of death penalty is an important factor in obstructing the smooth realization of the international extradition. It is deeply concerned by the international legal community because of the differences of concepts in thinking,value and human rights between the death reserving countries and the death abolishing countries. China’s criminal law have many charges to sentenced to death, although the Criminal Law Amendment has modified of some applicable terms of death penalty and Supreme People’s Court has recovered the power of judicial review of death sentences which aims to reduce the application rate of death penalty and makes the apply for death penalty more strict and careful. But in China’s judicial practice, the annual death penalty rate is still highest in the world. We must understand that extradition is an international system of criminal justice assistance, It can clearly show the spirit of our legislation, the basic attitudes and international image on the protection of human rights. The extradition law of our country avoids this principle. However for the smooth development of international criminal judicial assistance, there is clearly defined in our extradition law that non extradition of death penalty is the main trend. Because of the different judicial systems, the issue of extradition often involves the aspect of political, military and so on, the difficulties in some extradition cases has aroused widespread concern in the international community..In the issue of extradition, seeking common ground while reserving differences, and strengthening cooperation have become the consensus of the international community. Therefore, how to apply the principle of non extradition of death penalty in practice, efficient using domestic law to cope with the international extradition law problems is a worthy subject to study. From the concept of principle of non extradition of death penalty and its background, this article analyzes the legal basis of the principle of non extradition of death penalty, combined with the China’s practice of extradition legislation and judicial field, explores the difficulties and countermeasures of principle of non extradition of death penalty in our country. At the same time, from the perspective of comparative law, this article reviews the theory and practice of principle of non extradition of the death penalty, analyzes the problems of extradition system and puts forward suggestions. It would benefit to the development of the Extradition Law in China and the international judicial cooperation.