我国刑法与《联合国反腐败公约》在可引渡之罪方面的冲突与解决

Conflicts and Solutions on the Aspect of Delivery Crimes between Our Crimes Law and “the United Nation’s Anti-Corruption Treaty”

《联合国反腐败公约》(以下简称《公约》)构架了国际社会在开展反腐败合作方面的一座桥梁。中国作为《公约》的签约国之一,一方面要履行《公约》所设定的义务,同时更应该充分利用《公约》为打击腐败犯罪服务。这就要求执法机关对《公约》进行深入地研究,从刑法与《公约》在可引渡之罪方面存在的差距着手,找出冲突所在,并提出立法建议,以求得能更好地适用《公约》。

The United Nation’s anti-corruption treaty (hereafter referred to the Treaty) has formulated a bridge on the aspect that the international society develops the cooperation of anti-corruption. As one of the contractors, China, on one side has to fulfill the obligation designed by the Treaty and at the same time is expected to make full use of the Treaty to serve for striking against the corruption crimes. It demands the law execution institutions carry out profound research on the Treaty. Start from the difference between the Crimes Law and the Treaty on the delivery crimes. Find out the conflict and put forward the legislation suggestion so as to better apply for the Treaty.