附条件引渡研究

引渡本属被请求引渡国为请求国提供的司法协助，但由于人权运动的兴起，引渡活动越来越重视被引渡人的合法权益。为保障人权，同时维护请求国的法律尊严并实现对于犯罪的惩罚，附条件引渡应运而生。附条件引渡是被请求国同意引渡时，要求请求国答应一定的条件的引渡活动，其附加条件必须与引渡后的司法活动紧密相关，对司法权的侵犯也应当在一定限度内，并可以分为程序条件和实体条件。对于附加条件的承诺也属国家行为，应由代表国家意志的机关决定并作出，承诺应当得到履行，不履行承诺应当承担一定的国家责任。

Analysis of Conditional Extradition

Extradition should have been defined as judicial assistance offered by extraditing state to requesting state.However,as emerging of campaign for human rights,extradition has been considered as lawful right of extradited person himself/herself more than it used to be.In order to protect human rights as well as the dignity of requesting state’s respected laws,and at the same time,punish crimes,the laws of conditional extradition were introduced.When it comes to conditional extradition,the requesting country has to accept certain condition requested by extraditing state before it extradites the person.And the condition requested has to follow the following rules:first,the condition has to be closely related to the judicial activities occur after the extradition;second,the condition cannot excessively violate respected judicial right;third,the condition has to be the composition of process condition and physical condition;fourth,the commitment of executing the condition as state behavior should be made and fulfilled by department on behalf of the requesting state’s will,which state should also be responsible for its default.