Study On The Problem Of Political Prisoner From The Perspective Of Case Concerning Snowden

The definition of political prisoner has been a short board in international law.Until now, the international treaties and domestic laws are not clearly defined the concept of political prisoner,this will cause inconvenience to the judicial practice.Therefore, a clear standard of political prisoner, and clarify the distinction between political prisoner and related concept is particularly important.Since the Second World War, international crime is rampant, and the circumstances of the crime and the act also becomes more and more complex, and involves several or even a dozen national interests, which requires countries to strengthen international cooperation in the field of criminal justice, strive together to effectively combat terrorism crimes of violence.The definition of political prisoner is an important part of international criminal judicial cooperation.In some cases, fuzzy definition of political prisoner may cause criminals decamp, in view of this, we should accelerate the pace of the definition of political prisoner, and improve the efficiency of the international criminal judicial cooperation. In this paper, starting from the Snowden case which have a higher degree of public concern, drawing the standard of determination of political prisoner, based on the theoretical analysis,clear the Snowden’s political prisoner status, and draw on effective legislation suggestions about Chinese political crime.This paper is divided into five parts:The first part: the Snowden case and the focus of the case. This part briefly introduces the development situation of the Snowden case, and with the development of the Snowden incident, cause problems about political prisoner in international law. The second part: the meaning and the main provisions of the law of political prisoner. This part firstly from the macro perspective, introduces the definition of political prisoner. Than analyse political prisoner from the microscopic point of view,including the difference between the political prisoner and the political crime, as well as the main law about the political prisoner in international law, including the provisions of relevant international treaties on political prisoner.The third part:the standard of determination of political prisoner in two big law system.This part mainly introduces the standard of determination of political prisoner in Common-Law system and Civil-Law system,and makes the corresponding analysis,to pave the way for making clear that Snowden is a political prisoner and making Chinese legislation perfect.The fourth part: focal issues in the Snowden case.This part mainly according to the above analysis studies Snowden’s political prisoner status.And according to the international law and the domestic law,analyse Hong Kong and Russia can identify Snowden’s political prisoner status or not,and evaluate Hong kong and Russia’s behaviour in Snowden case.The fifth part: introduce and improve chinese legal provisions on political prisoner. This part briefly describes the chinese legislation and practice associated with political prisoners, aims to offer suggestions to make chinese legal provisions on political prisoner perfect..