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The principle of non-extradition of the death penalty

Author: LiuZuoZuo
Tutor: DingLiBai
School: Southwest University of Political Science
Course: International Law
Keywords: The principle of non-extradition of the death penalty Human rights Sovereignty Death row phenomenon Plea Bargaining
CLC: D998.2
Type: Master's thesis
Year: 2011
Downloads: 208
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Abstract


With the intensification of the process of globalization, the international community to strengthen cooperation in criminal justice increasing demands for the extradition of the criminal judicial cooperation between countries as an important form of growing concern for people today. Since extradition involving national sovereignty and human rights protection to be extradited in the long process of practice formed a series of principles, such as \principle is that the international community continue to practice and development process of the formation of general constraints on the activities of the role of the extradition and the principle of relative stability. The principle of non-extradition of the death penalty is in the post-World War II along with the international community to abolish the death penalty and human rights protection movement upsurge of ideas to strengthen and produce, although produced later time than some of the other principles, but its pace of development worldwide has fast was beyond our imagination, in Western countries has been regarded as a rigid practice in extradition Characteristics of a principle. Depending on the country in which it arose at the beginning of abolition of the death penalty based on their different attitudes, the principle of non-extradition of natural death is a controversial issue, this article from the death penalty does not extradite the concepts and principles of the background, this paper analyzes the principle of non-extradition of the death penalty theoretical foundation, combined with Western countries for the extradition of the legislative and judicial activities in the field of practice, for our country in the field of legislative and judicial principles of how to apply this experience to provide a reference. Text is divided into four chapters on the principle of non-extradition to study the death penalty. The first chapter introduces the concept of the principle of non-extradition of the death penalty, citing the principle of non-extradition to death the emergence and development processes through empirical methods cited this principle in the relevant regional conventions, the performance of domestic legislation, obtained the death penalty does not extradite has become increasingly rigid principles of the conclusions. Chapter II from the perspective of jurisprudence, with the theoretical analysis methods to examine the practice of involving the extradition of Human Rights and State Sovereignty in the relationship. The trend of rapid development of human rights protection makes extradition States are increasingly focusing on the protection of the right to life objects, so in practice, there have been many extradition extradition is requested State to the \extradition country's judicial sovereignty. But the emergence of the extradition order to compensate countries due to geographical and domestic criminal law different limits arising from legal loopholes that national sovereignty is the fundamental basis for extradition can be achieved and guaranteed. In case of conflict between how we should deal with? Eventually I came to the conclusion, the principle of sovereignty is still one of the fundamental principles of international law, is the basis of human rights principles to exist, therefore the principle of sovereignty is above human rights principles; but the principle of sovereignty should also be restrictions on human rights principles, they were requesting State does not apply the death penalty in principle in the process of extradition, extradition should respect the country's judicial sovereignty, combat against the international community to fulfill the obligations of public order offenses. Chapter III through empirical methods cited several western countries a representative area of ??legislation on the death penalty in the principle of non-extradition provisions, also introduced in Western countries, the process of extradition practice, several representative cases. Through case study method to analyze the Western developed countries in extradition practice how to practice the principle of non-extradition of the death penalty, as well as the principles drawn deep into Western countries extradition practice, became applicable to deny or limit high frequency extradition conditional on the conclusion for the application of the principle of how to provide some reference. Chapter IV listed first in the current legislation in the field of non-extradition policy on the death penalty with the relevant provisions, also mentioned in the course of judicial practice principles apply the death penalty does not extradite change in attitude problem, by analyzing the reasons for the change of attitude leads to the applicable The principle of the positive and negative impacts. On balance, the principle of non-extradition obtained the existence of the death penalty is more good than harm, should the extradition legislation and practice in our country a place of conclusion. Finally cited the principle of non-extradition of several death penalty in our current applicable encountered problems, and these problems have made several specific recommendations.

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CLC: > Political, legal > Legal > International law > Nationality Act > International Protection of Human
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