Some Principles Of Extradition And New Developments

Extradition has long been considered to be an important form in the international judicial cooperation on criminal matters. Some basic principles have generalized in the long-term practice of modern extradition and established by the national legislation and international extradition treaty i.e. the principle of non-extradition of political offences, the principle of non-extradition of death penalty, the principle of double criminality, the principle of non-extradition nationals etc.Since the end of the Cold War, some new situations have taken place in the international society. On one hand, transnational crimes become more drastic and rampant. Suppressing crimes through enhancing the international criminal judicial cooperation has become a common understanding and urgent task in both China and other countries. On the other hand, as the ideal of human rights protection is widely and deeply accepted, the safeguards for the requested persons in extradition is becoming more important to the process of extradition. The long-standing principles mentioned above are revised and emerging some new development tendencies.The whole dissertation is composed of eight parts, about 45,000.Part One-The prelude. It briefly introduces the significance and the purpose of the research on the latest development tendencies in the principles of extradition. It illustrates the sources of the materials needed, and how the writer would state her ideas in this thesisPart Two-Generality of introduction. It gives a historical retrospect of extradition, and then expounds the conception of extradition. On these bases it analyses the expansion of three factors in extradition, showing that the cooperation is extending.Part Three-New development on the principle of non-extradition of political offences. It starts with the definition,theoretical basis of sovereignty and human rights and its value. Secondly it illustrates its positive factors and abuse, which have caused huge handicap in extradition. It then proceeds to analyze the depoliticalization of some crimes. Along with the trend of depoliticalization, the application of this principle will be restricted. On the contrary, the political persecution clause as the extension of this principle is paid more eyeballs. The focus of "political" is transferred from the crime to the prosecution.Part Four-New development on the principle of non-extradition of death penalty. It started with the introduction of the conception,historical formation and legislation of this principle. As to demonstrate the universality and rigidity of this principle, it explains the attitude of the states retaining the death penalty, enumerates lots of representative bilateral extradition treaties concerned, and points out the breakthrough of China's attitude to this principle.Part Five-New development on the principle of non-extradition of double criminality. It introduces its history,concept,interpretation standards,the term of imprisonment standards and searches for its theory basis .It proceeds to analyze that United Nations Convention against Corruption develops this principle from four aspects. The development tendency of dilution is demonstrated.Part Six-New development on the principle of non-extradition of nationals. After the introduction of the concept, it gives the examples of legislations of two legal systems, showing two opposite attitudes towards whether to extradite nationals, and then going further into the theory issue undermined. With the appearance of the compromised attitude of the continental legal system resent years and the new form of extradition to international organization, this principle is becoming more flexible.Part Seven-Reflection on the extradition in China and suggestions on the further improvement of our Extradition Law. After studying synthetically on our extradition, it proposes some constructive suggestion on how to adapt our Extradition Law in proper time to the new development tendencies mentioned above. Besides, other problems concerned should be realized and improved further.Part Eight-The epilogue serves as a conclusion of the whole thesis and emphasizes that, to face these new developments and changes, it's vital for China to revise its legislation and practice to overcome the obstacles in its active extradition.