海峡两岸遣返刑事犯或刑事嫌疑犯程序机制研究——以《海峡两岸共同打击犯罪及司法互助协议》第6条为依据

On the Procedure of Repatriation of Criminals and Criminal Suspects——Based on the Rule 6 of The Agreement on Joint Combat against Crimes and Mutual Legal Assistant between the Two Sides

《金门协议》确立了两岸遣返刑事犯或刑事嫌疑犯机制,《海峡两岸共同打击犯罪及司法互助协议》对这一机制进一步完善。两岸遣返刑事犯或刑事嫌疑犯时,需要具备四个条件。决定遣返时,还需对遣返的请求进行行政性审查,存在双重审查和单层审查两种机制。为了保证遣返工作的顺利进行,对于被遣返人可以视情况采取一定的强制措施,如拘留、逮捕、监视居住等。最后,移交被遣返人时,当前在移交主体、移交方式、移交时间等方面已形成较为成熟的做法。

Jinmen Agreement, which helps establish the system of repatriation of criminals and criminal suspects across the Straits, has been further supplemented and improved after the signing of The Agreement of Joint Combat against Crimes and Mu- tual Legal Assistance. There are four conditions that should be satisfied in the repatriation of criminals or criminal suspects across the Straits. Moreover, the application for repatriation should go through a careful and strict examination by the authori- ties concerned. In order to ensure the success of the repatriation legally and rationally, the compulsive measures such as deten- tion, arrest and the surveillance of residence should be taken to the repatriated. Finally, the practice in hand-over subject, for- mality and time has become common and matured in delivering over the repatriated.