Research On The Principle Of No Extradition Of Death Penalty

In recent years,the incidents of criminals running away with money are common.In order to maintain the dignity of the law and bring them to justice,international criminal justice cooperation is a necessary measure to punish transnational escapes.Extradition is one of the most important ways.The principle of non extradition of death penalty has been developing rapidly in western developed countries,and has been written into international legislation and domestic legislation in many countries.The practice of international extradition,such as Sean's extradition case and Aileen's extradition case,is also applied to this principle.The case of Lai Chang xing and Yu Zhen dong also caused the attention of judicial theory and judicial practice to the principle of no extradition of death penalty.The extradition treaty between China and the West put the principle of no extradition of death penalty into the text for the first time.The principle of no extradition of death penalty has four main problems in the judicial circle of China:first,China's law on the protection of human rights is still not perfect,which leads to the other countries full of worries when it signs an extradition treaty with China;second,the lack of extradition treaty which include the principle of nonextradition of death penalty,resulting in Cooperation barriers in extradition between China and some countries follow the “ Pre treaty doctrine ” in the extradition;third,China's death penalty case too much,which is not conducive to the agreement;fourth,the problems need to be solved because of the death penalty was refused to extrude.To solve these problems,China should further improve the provisions on human rights protection of the Constitution and the criminal procedure law,reduce the scope of application of death penalty to relieve the concerns of other countries.Then,speeding up the pace of China signed an extradition treaty with the western developed countries.In addition,actively explore the extradition alternative measures,to maximize the flight of criminals extradited to justice.The structure of the thesis consists of introduction,text and conclusion.The body is divided into four parts.The first part,this paper discusses the concept of the principle of no extradition of death penalty,historical development and the theoretical foundation of the principle.throughexpounds the relationship between the principle of no extradition of the death with national sovereignty and human rights protection,find out the value of no extradition of death penalty has been widely used in extradition in practice,so as to pave the way for the following of propose and solve problems.The second part introduces the principle of no extradition of death penalty in international and national legislation,and through the analysis of the two typical cases of Sean case and Aileen case of cable,get some experience: first,principle of no extradition of death penalty has become a rigid principle,secondly,the legislative mode of the international community does not extradite the principle the death of a total of four species,finally,the death penalty for the principle of no extradition of a country to retain the death penalty is not contradictory.The third part,this paper discusses the development and applicable of the principle of non-extradition of death penalty in our country,the same with the second part it also mainly discusses from two aspects of legislation and practice.It shows the attitude change on non-extradition of death penalty from avoiding to gradually accept,which reflects the principle of non-extradition of death penalty on the positive role of China's extradition of criminals.Finally,it discusses the legal dilemma of the principle of non-extradition of death penalty in China,including the imperfection of human rights development,the lack of extradition treaty,and the excessive provisions of death penalty.The fourth part,in view of the problems on the principle of non-extradition of death penalty were puts forward in the third part,we come up with some Suggestions,which namely improving the Constitution and the criminal law protection of human rights and limiting the application of the death penalty.The purpose is highlight China's importance to the human rights protection of criminal suspects,to eliminate the misunderstanding of other countries and establish a better international image,then speeding up the bilateral extradition treaty concluded the process,improve the success rate of extradition.