刑事司法协助中的中央机关
发布时间：2019-05-10 03:06
【摘要】：司法协助中的中央机关联系机制的发展在一些国际公约、双边条约以及中外国内立法中有较清晰的反映。各国中央机关的设置,特别是数量上存在不少差异,客观上对于司法协助在地区和全球范围的规范化和标准化造成了巨大困难。从国际公约的发展看,中央机关的设置呈现出统一性趋势。目前国内关于中央机关的职能主要包括对外联系、程序性确认以及对内协调等三个方面的观点值得推敲。中央机关应当重点履行辅助决策、服务执法、组织协调、实施监督四个方面的职能。在政治经济一体化和互信程度较高的欧洲,司法协助程序的扁平化趋势日益明显,中央机关联系机制已经遭到前所未有的挑战。
[Abstract]:The development of central organ contact mechanism in mutual legal assistance is clearly reflected in some international conventions, bilateral treaties and domestic and foreign legislation. There are many differences in the establishment of central organs in various countries, especially in quantity, which objectively causes great difficulties to the standardization and standardization of mutual legal assistance at the regional and global levels. From the development of international conventions, the establishment of central organs shows a unified trend. At present, the functions of central organs mainly include external contact, procedural confirmation and internal coordination. Central organs should focus on supporting decision-making, serving law enforcement, organizing and coordinating, and carrying out supervision. In Europe, where the degree of political and economic integration and mutual trust is high, the flattening trend of mutual legal assistance procedure is becoming more and more obvious, and the contact mechanism of central authorities has been challenged unprecedented.
【作者单位】： 江苏省公安厅;
【分类号】：D997.9
[Abstract]:The development of central organ contact mechanism in mutual legal assistance is clearly reflected in some international conventions, bilateral treaties and domestic and foreign legislation. There are many differences in the establishment of central organs in various countries, especially in quantity, which objectively causes great difficulties to the standardization and standardization of mutual legal assistance at the regional and global levels. From the development of international conventions, the establishment of central organs shows a unified trend. At present, the functions of central organs mainly include external contact, procedural confirmation and internal coordination. Central organs should focus on supporting decision-making, serving law enforcement, organizing and coordinating, and carrying out supervision. In Europe, where the degree of political and economic integration and mutual trust is high, the flattening trend of mutual legal assistance procedure is becoming more and more obvious, and the contact mechanism of central authorities has been challenged unprecedented.
【作者单位】： 江苏省公安厅;
【分类号】：D997.9
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