涉外刑事案件处置之司法困境及对策探略

我国涉外刑事案件处置存在着处置依据变异,中外公民法律地位不平等,成本与效益失衡及国际警务合作脆弱等困境。摆脱困境的主要对策是强化法治观念,依法处置涉外刑事案件;不断完善我国涉外刑事案件处置法律体系及机制;夯实国际警务合作基础,大力加强国际警务合作。

The Judicial Dilemma and Countermeasure on Criminal Case Concerning Foreign Affairs

We are facing the dilemma when dealing with the criminal case in our country that we dispose the case differently, Chinese and foreign citizens are not legally placed equal, the cost and efficiency are unbalanced, and international policing cooperation is weak. The major solution to getting out of the dilemma is to intensify legal ideology and dispose the case concerning foreign affairs; constantly improve the legal system and mechanism of dealing with the case concerning foreign affairs; lay a solid foundation of international policing cooperation and strengthen international policing cooperation in a broad way.