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Political crime under international law the principle of non-extradition of research

Author: ZhouLi
Tutor: HuangShiXi
School: Shandong University
Course: Legal
Keywords: Extradite Political offense Political
CLC: D998.2
Type: Master's thesis
Year: 2005
Downloads: 512
Quote: 2
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Abstract


Modern extradition party should the other party's request, was within their jurisdiction by the requesting party accused of a crime, or handed over to the requesting party has been sentenced to prosecute or enforce a penalty activities. Extradition would involve not only the protection of the rights of national sovereignty, national interests and national criminal policy also involving related persons, extradition system has been the case there are some exceptions, does not extradite its own citizens does not extradite political crime, the death penalty does not extradite and so on. The principle of non-extradition of political offense Penetration of these exceptions to the principle of the highest, most universal principle, but also the most complex, the most controversial, the uncertainty up to a principle. Has a very important role of the principle of non-extradition of political crime, anti-crime cooperation between countries and protection of human rights as an important principle of the system of international extradition. In this paper, based on the combination of the basic theory of international law, international law perspective demonstrates the core issue of the principle of non-extradition of political crime. History starting from the history of political crime does not extradite, the text is divided into six sections: The first section highlights the political offense extradition History and today's development, the basic meaning of the political offense does not extradite its legal significance; first the second part discusses the key principles - political crime definition of the problem, and further introduction of the principle of non-extradition of the content of the political offense; increasingly rampant in recent decades, international terrorism and international crime, these crimes are more or less certain political factors, they tend to take advantage of the political crime to the principle of non-extradition of their behavior, fled after the commission of a crime may be understanding and tolerant country, the principle of non-extradition of such crimes for political crimes if bound against humanity common interests, is not conducive to the maintenance of the normal order of the international community. Countries cooperation to combat these crimes, the exclusion of certain crimes from outside the \The third part of the article on the political offense exception to the principle of non-extradition of made a summary of these exceptions constitute a part of this principle, a new development on this principle;, as a legal principle, the principle of non-extradition of political crime but it is easier to be the abuse of state power, the fourth part of the article from several aspects of the abuse of the principle of non-extradition of political crime, a special analysis of foreshadowing below; fifth part of the outlook of the principle of historical fate, and that the principle of non-extradition of political crime still exists necessary and will continue to improve, scholars view proposed some measures of political crimes are not extradition status of legislation and practice; sixth, pointed out that the lack of legislation in the political The crime angle does not extradite analysis difficult issue of the extradition of corrupt officials in China. The epilogue articles summarized and summarizes the author's point of view. The author believes that political crimes are not extradition rules

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