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引渡既是国内法制度,也是国际法制度.国家制定引渡法,并签订引渡条约,相互引渡罪犯,是极为普遍的事情.这是为了进行国际司法合作,同犯罪作斗争,告诫罪犯不要希冀逃亡国外来规避法律制裁.同时,任何国家也都期望铲除在其领土上的犯罪.因此,引渡对罪犯起着威摄的作用.旧中国,由于同外国交往不多,兼之有不平等条约的领事裁判权的限制,根本谈不上什么引渡.新中国成立后,虽然在国际礼让基础上,有过一些引渡事例;但并未制定引渡法,亦未同外国签订引渡条约.党的十一届三中全会以来,我国执行改革开放政策,外国人或无国籍人进入我国实施犯罪行为后逃往他国,外国人在他国犯罪后逃到我国和我国公民在外国犯罪,时有发生.为对这些犯罪者绳之以法,给予审判或处罚,制定国内的引渡法,同外国进行司法协助,签订引渡条约,就日益显得突出起来,并提到了议事日程.在这种情势下,研究引渡制度不能不具有重要的理论价值和现实意义.本文就引渡的概念及引渡制度中几项基本原则作一初步探讨.
Extradition is both a domestic legal system and an international legal system, and it is extremely common for the state to make extradition laws, sign extradition treaties and extradite criminals with each other, in order to carry out international judicial cooperation and fight crimes, and warn criminals not to flee abroad To avoid legal sanctions.At the same time, any country also expect to eradicate the crime in its territory.Therefore, extradition plays a preposterous role.China, due to the small number of foreign contacts, both with unequal treaties consular jurisdiction After the founding of New China, although there have been some instances of extradition on the basis of international comity, no extradition law has been drafted nor has it signed an extradition treaty with a foreign country. The Third Plenary Session of the Eleventh Central Committee of the Communist Party of China Since the plenary session, our country implemented the policy of reform and opening up and fled to other countries after foreigners or stateless persons entered our country to commit criminal acts. It is a common occurrence for foreigners to flee to our country after committing crimes in other countries and citizens of our country to commit crimes in foreign countries. Justice, trial or punishment, enactment of domestic extradition laws, judicial assistance with foreign countries and the signing of extradition treaties are increasingly prominent and mentioned Agenda. In this situation, the system can not extradite research has important theoretical and practical significance. In this paper, the concept of extradition and extradition system in a few basic principles to make a preliminary study.