| The theme of the present times is peace and development,how to secure peace and development worldwide in the frame of law is the sure duty of the international law.Among the legislative cooperation between different nations,extradite cooperation is especially significant in that it is concerned about the realization of a nation's judicial sovereignty.Of the basic principles of extradition,the principle of death penalty free of extradition is never covered.While nowadays human rights have been put special emphasis,the principle of death penalty free of extradition has become a non-negotiable principle,whose internal theoretical basis is protection of human rights.As a result,it is significant to study and explore the principle.Based on the above mentioned,the author choose this principle as subject,the study of which is seemingly more meaningful to our nation.The principle of death penalty free of extradition came into being,whose theoretical foundation and internal motivation is protection of human rights.The Right of life,as the basic right of human rights,is the prerequisite of all the other human rights,the root of all rights on which all the other rights depend.There is universality and specificity to human rights and the former requires that human rights should apply to each people including criminals.Therefore,like the other normal persons,criminals should also enjoy the inalienable rights of life,while the death penalty is characterized by depriving criminals of their lives,which is legal means of deprivation in a certain nation.Whereas in the international community which have a loud cry for human rights,it is considered as a basic infringement of human rights to criminals.Therefore,we relate death penalty to extradition with the aim to better protect the basic right of the extradited—right of life so that other rights are better secured.Based on the above,the existence of death penalty invites a lot of controversies.However,our country still maintains death penalty with great variety.This mainly attributes to awkward situation of extradition principle.Because we believe that the adoption of extradition will cause imbalance of crime and fail to implement the principle that all men are created equal.Since we will suffer greater loss if we didn't adopt it,our country is trying to accept and adapt itself to this principle and specify this principle in bilateral initiative with developed countries.Therefore,it is a remarkable progress which lays a good foundation to the successful implement of extradition in our country.This article discusses the principles in four chapters and the discussion is centered on human rights.The first chapter introduces the theoretical basis of the principle of extradition. The introduction of the concept of this principle starts with the concept of extradition and it furthers to give the concept of non-extradition and its course of development, so that the reader would have a general knowledge of non-extradition.Next,it begins with the human right protection—the theoretical basis of this principle and stress on the inner relationship between extradition and human rights.All of these lay a good theoretical foundation for the proposal of its resolution and the following discussion.The second chapter of the thesis firstly makes an introduction about the adaptive situation of the principle of death penalty free of extradition all over the world and makes an analysis of the importance of the principle over the international world.Secondly,the thesis takes the first time the principle of death penalty free of extradition appearing in "Sino-West extradition treaty" as the point of departure to analyze our nation's attitude to acknowledgement and from its usage in individual cases to making it clear and definite in the extradition treaty to explicate the importance of this kind of transformation and breakthrough to our nation.On the basis of the first two chapters,the third chapter illustrates the effects and evaluation of the principle of death penalty free of extradition in our nation. Theoretically,there is certain challenge on the principle of death penalty free of extradition,on the criminal law of our nation,for example,the challenge on the principle of criminal balance.However,dialectic attitude could be put on the analysis of the advantages and disadvantages.Therefore,the line of thought of this chapter is to make a comprehensive analysis of the positive and negative effects of death penalty free of extradition and evaluate it then make a conclusion after explicating it.The conclusion is that positive effects outweigh negative ones.In the second Chapter,the world-wide application of the principle of death penalty free of extradition was firstly introduced,with an analysis on the principle's significance in the international community.Then,with reference to the fact that this principle was initiated in the "Sino-West extradition treaty",the article analyzed the shift of attitude of the Chinese government on this principle,that is,from avoidance to admittance,from sporadic application to definite stipulation in the extradition treaty.Such a shift and breakthrough has great implication to China,which is discussed subsequently.The third chapter,based on the previous two chapters,analyzed the implication and value of this principle in China.Theoretically,the principle definitely will have some impact on some basic principles of China's criminal law,for example the principle of crime equaling penalty.However,it is better to take a dialectical analysis on the pros and cons of the principle,while admitting its negative impact,the positive parts should also be considered,with both the pros and cons being weighed. So the general thinking of this chapter is to firstly discuss the overall impact of this principle on China,then give a comprehensive analysis of the positive and negative parts of it,and finally present critiques and conclusions based on that.The conclusion is:the application of this principle will generate more benefit than harm.Based on the analysis and discussions in the previous four chapters,the author argues that the principle of death penalty free of extradition should be accepted. However,it is the safeguarding of human right that should be fundamentally and wholly accepted,as for the appeals to "abolish death penalty",we should consider them carefully without blindly following others.Many scholars have conducted in-depth researches on the principle.These researches have given me a huge knowledge-store on this issue,with their incisiveness;meanwhile greatly inspired me,with their different angles,emphases and views in the researches.The author produced this article based on summarizing and analyzing earlier researches.While the innovation part of this article is the angle it takes in discussing the principle:not from a mere improvement of the Extradition Law,nor from abolishing death penalty,but from the perspective of its theoretical basis and the human right protection.With this perspective starting and concluding the article,the author illustrated how to make the principle of death penalty free of extradition an acceptable principle to the country,the society and the citizens.In summary,the full acceptance and application of the principle of death penalty free of extradition is an inevitable trend,therefore China should take all-around measures to make it truly viable in our country,to intensify the ideas of human right protection,to raise awareness of human right safeguarding,and hence project a good image of a great China. |
