Research On The Standard Of Identifying Political Prisoners Under The Principle Of Non-extradition Of Political Prisoners

As one of the principles of international law,the principle of non-extradition of political prisoners has been generally accepted by all of the countries around the world,and as an exception of the extradition system,this principle plays a positive role in protecting human rights and respecting the sovereignty of states.However,about the identification of political prisoners,a clear standard is not formed in the international society.This situation has leaded to the formation of disputes among related countries when they deal with the cases of identifying political prisoners,so that some cases referring to identify political prisoners are remaining unresolved.This kind of situation not only causes the waste of judicial resources,but also makes some people’s legitimate rights and interests unprotected,even it will have negative effects on the relationship between requesting state and requested state.Only by making a clear standard of identifying political prisoners and in the premise of mutual respect for sovereignty,every country tries to reach an agreement on this issue,and it will help to solve the problems caused by the undefined standard in the process of extradition.Therefore,the research on the standard of identifying political prisoners has significance in theory and reality for mediating the theoretical controversies and dealing with the extradition cases with disputes.By using the methods of concept analysis,comparative study and positive analysis,this paper makes an elaboration of the standard in theory and the problems in reality for the identification of political prisoners.This paper firstly makes a simple introduction of the process of the generation and development of the principle of non-extradition of political prisoners and analyzes the existing disputes in identifying political prisoners from the theoretical aspect and realistic aspect;then this paper elaborates the theoretical basis for identifying political prisoners,namely the limited national sovereignty,the necessity of weighing pros and cons when existing human rights’ conflict and avoiding interfering the internal affairs of another country;based on the content abovementioned,this paper makes a positive analysis to the three persons’ identification of political prisoner,namely Edward Snowden,Yang Xiuzhu and Rebiya Kadeer;finally,through the above analysis,this paper discusses and summaries a definite standard of identifying political prisoners: the main standard is combining subjective aspect with objective aspect to make a judgment,and the assistant standard is using the method of enumeration to eliminate the defining exception of political prisoners;and this paper puts forward some relevant solutions aiming at mediating the existing disputes about political prisoners at home and abroad.