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在现代国际关系中,引渡已成为两国之间司法合作的重要形式.根据国际法,引渡的主体是主权国家,即引渡的请求国和被请求国.从国际实践的角度看,两国之间的引渡关系通常是通过“礼让”、互惠和条约三种方式得以建立与实现的,而绝大多数都是以条约为基础的.由于引渡的主体是主权国家,因此,引渡是一种主权行为和国家行为.而且,引渡与一般的国际司法合作不同,它在很大程度上取决于并反映着两国之间的政治关系和外交关系.一、引渡条约的主体——国家从国际法角度看,各主权国家并没有对罪犯给予引渡的法律义务.虽然荷兰著名国际法学家格劳秀斯在其经典著作《战争与和平》中曾提出过“或引渡或起诉”原则,认为每一国
In modern international relations, extradition has become an important form of judicial cooperation between the two countries, according to international law, the subject of extradition is the sovereign state, that is, the extradition of the requesting and the requested. From the point of view of international practice, extradition between the two countries Relationships are usually established and realized through “courtesy”, reciprocity and treaties, most of which are treaty-based. Since the subject of extradition is a sovereign state, extradition is a sovereign act And state behavior.Moreover, extradition is different from general international judicial cooperation, which depends largely on and reflects the political relations and diplomatic relations between the two countries.First, the subject of extradition treaties - the country from the perspective of international law, Sovereignty does not have the legal obligation to extradite the criminals, although the famous Dutch international jurist Grotius had proposed the principle of “or extradite or prosecute” in his classic book “War and Peace”, believing that each country