Research On Exclusion Of Principle Of "Political Offense Exception"

Political offense exception is an important international extradition principle, what the difference between other principles is that the word "political" contains many ideological factors. Because each country's ideology, traditional ideas and political system, legal system are different, the treatment of "political offense exception" and the result are different also, which leads to the emergence of a complex situation, that is the criminal traced by its country applies for "asylum" to another country to escape the legal sanction of domestic. When both countries for extradition proceedings bargaining, a bilateral extradition treaty operation is much easier, and when there is no extradition treaties between the two countries, however, the situation mentioned above will be happen.In addition,due to the fuzzy definition and use of the word "political crime" in theory and in practice, the ordinary criminal behavior that should be extradited escape from extradition by using the ambiguity of the word, and other countries based on their own interests, have given protection to the offenders who have fled to their country, which undermines the possible judicial assistance between the two countries and in contrary to the demands of the international community for peaceful development. Apart of the unclear application of the principle, the review mechanism in the extradition process is also a matter of controversy. These problems need to be adjusted and improved with the development of the international community. To solve the above problems can make the sovereign countries know more clear about their sovereignty, without interfering with the internal affairs of other countries under the premise of protecting their own interests,maintaining the international social order, it is also possible to more fully protect the human rights of the person sought in the extradition procedure, which is of great significance to the development of research and development of international law in theory and practice.Therefore, it is the main purpose of this thesis to clarify the concept of "political crime",to clarify the scope of application of the principle of "political offense exception",to ask questions and provide solutions.The paper is divided into four parts, Overview of ruled out the applicable scope for"political offense exception" , Applicable conditions and main content of ruled out for"political offense exception", The development trend of ruled out for "political offense exception", Problems and solutions of ruled out for "political offense exception". In this process, the main draw lessons from the international community to the existing legal documents and the opinions of scholars, combined with personal limited point of view,and proposed own opinion and the corresponding countermeasures to the principle of the main problems existing in the process.This thesis mainly adopts comparative research, the value of research, literature research, descriptive study and other research methods. Supported by international scholars study theories,and based on the legislation and the research status at home and abroad. First of all,making analysis to the concept of "political crimes",in which will involve the conception. Secondly, through the introduction to selected topic contents to sum up the development trend of the principle "political offense exception" limited applicable situation. Finally, through the introduction of the selected topic, the essay discusses the vulnerabilities of existence, and puts forward personal opinion. The process involves to "hsiu-chu Yang case" and "Snowden case", which are used for the judgment of auxiliary corruption crime and other acts of "political",then coming to the conclusion that corruption crime needs to be excluded from the "political offense exception", and the international community needs to further explicitly exclude the applicable scope, so that extradition laws between countries are clear. In extradition program review,it must first clear the concept of "political crimes",the second is to clear "political offense exception" limited scope, then to strengthen the role of judiciary review the extradition process, scattered by the requesting state of absolute power, set up the supervision of the review process and dissent mechanism, to ensure absolute justice of examination results.