“创造性介入”与跨境安全治理——以湄公河惨案后续处理的国际合法律性为例

A Tentative Analysis of the Relationship between Creative Involvement of China's Diplomacy and the Cross-border Security Cooperation

随着中国与周边国家交往日益频繁,各类跨境安全威胁也与日俱增,对中国的周边外交特别是跨境安全治理提出了重大挑战。2011年10月湄公河惨案发生后,中国展开了一系列的后续处理行动,成为通过"创造性介入"实现跨境安全治理的重要尝试。本文重点考察这一案例的国际合法律性问题,即从国际法角度来分析中国对该案件的管辖权、跨境侦查、引渡与审判嫌犯、判决执行等问题。笔者认为,中国此举不仅符合国际法律规范和规则,而且通过跨境安全治理提升了在东南亚地区的影响力。尽管不能高估其普遍意义,但这一跨境安全治理尝试对中国未来的周边跨境安全治理、海外利益和公民保护等仍有着重要的启示。

With the ever more intense exchanges between China and its neighboring countries,and the increasing cross-border security threats, China's diplomacy faces a major challenge, especially in cross-border security cooperation. After the Mekong Massacre in 2011, China launched a series of follow-up actions which has been called the 'Creative Involvement' of China's diplomacy. It is a successful but preliminary attempt in China's cross-border security cooperation. Questions remain as to whether it is in accordance with the international law, and whether it is of international legitimacy or has significance to China's future cross-border security cooperation. Therefore, it is necessary to analyze China's follow-up actions in dealing with the case of Mekong Massacre in 2011 from the perspective of international law. In fact, China has jurisdiction of the incident and China has obtained the relevant country's acceptance or assent to arresting, extraditing, trying the suspects and executing the sentences. In other words, Chinese Creative Involvement in the case is not only consistent with international legal norms and rules, but it also enhances its international influence in Southeast Asia. It has been a landmark of China's international judicatory cooperation. Although its universal significance cannot be overestimated, it will surely have implications on China's future cross-border security cooperation, civil protection, and the protection of China's overseas interest.