我国引渡立法的现状与发展

On the Status Quo and Improvement of Extradition Legislatoin in China

结合国际引渡制度理论和实践的最新进展,应从以下四个方面完善我国引渡立法:一是妥善处理国内引渡法与国际条约的关系,在国内立法中规范政府在缔约谈判中的变通权限和程序,以维护法制统一;二是顺应国际公约精神,修改刑法和刑事诉讼法,确立“一事不再理”原则,避免法律规定与司法实践的矛盾;三是在《引渡法》中设立简易引渡程序,以提高司法效率和适应数量剧增的国际引渡合作需要;四是细化对“被请求国就准予引渡附加条件”的回应制度,以及时有效地引渡和惩治外逃犯罪嫌疑人。

Combining with the new development in international extradition system theory and practice, our extradition legislation should be improved in the following four aspects. Firstly, the relationship between the extradition law and international treaties should be handled properly. The rights space and special procedures of the State Council and Ministry of Foreign Affairs are defined in legislation in order to maintain the unity of legal system. Secondly, criminal law and criminal litigation law are to be modified following the spirit of international convention so as to avoid the contradiction between legal regulation and the judicial practice. Thirdly, simple extradition procedure is set in extradition law so as to increase the judicial efficiency and meet the needs of more and more international cooperations. Fourthly, the responding system of 'the additional condition by which extradition may be permitted in the country which was asked' should be detailed so as to extradite and penalize the suspect.