“限制-保护”模式下对政治犯不引渡原则的逆向矫正
发布时间：2019-06-27 21:00
【摘要】：政治犯不引渡原则是国际刑事司法协助体系中引渡制度里所确立的一项重要原则,为国际社会所普遍承认,但该原则并非绝对,也应受到限制。近年我国重视外逃犯罪嫌疑人的引渡工作,同时也积极提倡保护依相应国际公约或习惯而被认定为政治犯的合法权益。"限制—保护"模式是指在保障政治犯不引渡原则适用的前提下,明确限制的轮廓,接受国从而对滥用此原则规避法律制裁的犯罪嫌疑人作出引渡的决定。这一理论模式有助于我国海外追逃工作的纵深推进。实现这一模式,需要在"限制"和"保护"之间设定一种主次性的平衡关系,基于这种关系设立一定的轮廓来界定两者的边界,才能有效地矫正并衡平这一模式下的各方权益。
[Abstract]:The principle of non-extradition of political prisoners is an important principle established in the system of international criminal mutual legal assistance, which is generally recognized by the international community, but this principle is not absolute and should be restricted. In recent years, our country attaches importance to the extradition of flight criminal suspects, and at the same time actively advocates the protection of the legitimate rights and interests of political prisoners who are recognized as political prisoners in accordance with the corresponding international conventions or customs. The "restriction-protection" model refers to the clear outline of restrictions under the premise of ensuring the application of the principle of non-extradition of political prisoners, so that the receiving country can make a decision on the extradition of criminal suspects who abuse this principle to circumvent legal sanctions. This theoretical model is helpful to the further promotion of China's overseas flight pursuit. In order to realize this model, it is necessary to set up a primary balance relationship between "restriction" and "protection". Based on this relationship, a certain outline is set up to define the boundary between the two in order to effectively correct and equalize the rights and interests of all parties under this mode.
【作者单位】： 大连海事大学法学院;
【分类号】：D998.2
[Abstract]:The principle of non-extradition of political prisoners is an important principle established in the system of international criminal mutual legal assistance, which is generally recognized by the international community, but this principle is not absolute and should be restricted. In recent years, our country attaches importance to the extradition of flight criminal suspects, and at the same time actively advocates the protection of the legitimate rights and interests of political prisoners who are recognized as political prisoners in accordance with the corresponding international conventions or customs. The "restriction-protection" model refers to the clear outline of restrictions under the premise of ensuring the application of the principle of non-extradition of political prisoners, so that the receiving country can make a decision on the extradition of criminal suspects who abuse this principle to circumvent legal sanctions. This theoretical model is helpful to the further promotion of China's overseas flight pursuit. In order to realize this model, it is necessary to set up a primary balance relationship between "restriction" and "protection". Based on this relationship, a certain outline is set up to define the boundary between the two in order to effectively correct and equalize the rights and interests of all parties under this mode.
【作者单位】： 大连海事大学法学院;
【分类号】：D998.2
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