为执行刑罚目的引渡和被判刑人移管制度的比较研究

随着全球化进程的加快,跨国犯罪活动日益猖獗,对各国之间的司法合作提出了更迫切的要求。作为打击跨国犯罪的利器,引渡的重要性不言而喻,而被判刑人移管制度作为国际刑事司法协助的一个崭新而重要的合作领域,也在我国呈现出形式上从无到有、规模上从小到大的发展势头。引渡被判刑人回本国服刑与移管被判刑人去他国服刑,对象上存在交叉,易被混淆,有必要进行比较分析,厘清两种制度的异同,确保在国际司法协助中能对二者正确、灵活运用,达到打击跨国犯罪、实现惩罚目的的最优效果。

Comparative Research on Criminal Punishment Extradition and Convicted People Moving System

With the development of internationalization more and more transnational crimes occur and it makes requests to improve judicial cooperation between countries.The importance of extradition as a weapon to fight against transnational crimes is well-known;while the convicted people moving system which is a new and important cooperation field is international criminal judicial assistance is developing quickly in China.It is necessary to analyze and clear the differences and similarities in objects between convicted people returning to native country to serve his sentence and moving convicted people to other country to serve his sentence.In this case the two will be used correctly and flexibly in our international judicial assistance to fight against transnational crimes and realize the best effect of punishment.