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Analysis Of Human Rights Factors In The Rules Of Extradition

Posted on:2019-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:P W ZhaoFull Text:PDF
GTID:2416330548451687Subject:legal
Abstract/Summary:PDF Full Text Request
Extradition refers to an important system of international mutual legal assistance that a country hands over to a requesting country for punishing a person who is being sought,sentenced or sentenced by another country in his territory upon the request of another country.As an important part of international public law,the system plays an important role in punishing and preventing transnational crimes and safeguarding the overall interests of the international community.After World War II,with the rise of the human rights movement and human rights awareness,more and more scholars have linked extradition and human rights.In the practice of extradition,many requested countries of extradition often refuse to extradite on the ground of protecting the human rights of the person sought to be extradited.The issue of human rights has become an important consideration under the system of extradition.In the course of the formation and development of the system of extradition,a series of extradition rules have emerged,such as the principle of non-extradition of death penalty prisoners,the rule of extradition of political prisoners,the double jeopardy doctrine and so on.All sovereign countries in international law are subject to these rules.The formation and development of these extradition rules and their practical application have all been profoundly affected by human rights factors.The system of extradition has always been the focus of scholars' study.The question of the sovereignty of the requesting State and the requested State and the protection of the human rights of the extradited people are even more important research directions.Extradition rules are the fundamental content of the system of extradition,which determines the nature and direction of extradition.It plays a crucial role in the success or failure of extradition.Therefore,this paper attempts to analyze the human rights factors in the extradition rules,and will start from the establishment and development of the specific rules of extradition,combine with the current international conventions and the domestic legislation of the major extradition countries,makes a detailed comparative analysis of the human rights factors in extradition rules.then on the basis of this,Improve the protection of the corresponding recommendations.This article is divided into three parts,the introduction,the body and conclusion,and the body of this article has five chapters:The first chapter is an overview of the human rights factors in the extradition rules.In this section,we define the rules of extradition at first,and distinguish the rules of It from the extradition system and the principle of extradition.Then classifies the human rights factors that affect the extradition rules,and analyzes the explicit rules and potential impacts of the extradition law.The second chapter analyzes the human rights in the principle of non-extradition of death penalty prisoners.In this part,firstly,the concept and origin of the principle of non-extradition of death row prisoners are introduced,and the relationship between the principle of non-extradition of death row prisoners and the right to life is analyzed.The human rights factors contained in this principle are clarified.The third chapter analyzes the human rights factors in the rule of extradition of political prisoners.In this part,the concept and evolution of the principle of non-extradition of political prisoners will be introduced.In addition,the impact of the right to fair trial on the formation and application of the rules was analyzed.The fourth chapter analyzes the human rights factors in the double extradition rules.This part firstly analyzes the concept and evolution of the rule of extradition of dual criminality,introduces the rule as a whole,and then analyzes the foundation of the human rights protection of the rule of dual criminality extradition and the impact of the equal rights.The fifth chapter is the suggestion to our country's human rights protection in the extradition rules.This part is based on the analysis of the main human rights problems existing in the application of the current extradition rules in our country,and puts forward some relevant suggestions from both procedural and substantive aspects.
Keywords/Search Tags:the rules of extradition, human rights, the rule of extradition of political prisoners, the principle of non-extradition of death penalty prisoners, the double extradition rules
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