Research On The Protection Of Human Rights In Extradition

Extradition means the act of officially sending back somebody who has been accused or found guilty of a crime to the country where the crime was committed.Extradition,as an important way of international criminal justice cooperation,has made outstanding contributions to cracking down on international crimes and safeguarding the overall interests of the world.Protection of Human Rights has gone through a process from scratch in the field of extradition.Traditional extradition takes the principles of national sovereignty and international comity as its core and emphasizes the protection of national interests.With the vigorous rise of human rights law,the awareness of human rights protection in the entire international community has been continuously strengthened,and the concepts and values of human rights law have begun to penetrate into the field of extradition.As human rights protection continues to infiltrate extradition field,some contents of international human rights law are directly invoked in the field of extradition,such as the prohibition of discrimination,the prohibition of torture,which affect the development of the extradition system and bring humanitarian warmth to it.In addition,in the process of the continuous development of the extradition system,a series of special principles for extradition have also emerged,which also provide an important basis for the protection of the individual rights.Non-extradition of the death penalty principle and the principle of Non-extradition of political Offenders is often invoked by the person to resist extradition,so they are born with the mission of human rights protection.At present,extradition activities already have a relatively perfect procedural mechanism."When a person’s other rights are violated,the protection of procedural rights becomes his lifeline".Therefore,the protection of procedural rights is the premise of the protection of other rights.What procedural rights need to be protected in each stage of extradition and how to protect them are also very important issues.The systematic application mode of extradition provide guarantee for the implementation of human rights obligations.In domestic review,due to different provisions in domestic laws,some countries have given all the power to administrative agencies on human rights issues,while others have divided the review power into two parts,with judicial agencies and administrative agencies jointly reviewing and making decisions.In international review,the principle of case review,real risk and serious result are applied to draw conclusions on the human rights situation of individual cases.China’s role in international extradition cooperation is changeable,it is highly likely to exist as a requesting or requested country or other interested country.China should continuously improve the provisions on human rights issues in the Extradition Law,actively fulfill the human rights obligations in extradition,deal with possible problems in future extradition cooperation by legal and diplomatic means.