跨国追逃中遣返法律困境及其应对措施研究

外逃人员潜逃国外时往往也会违反目的地国的移民法或者因为在我国的犯罪行为而不符合入境条件面临被遣返的问题。非法移民遣返作为一种引渡替代措施在跨国追逃中发挥着重要作用,但其遣返措施也面临着一些困难,如外逃人员可能会利用难民申请、遣返前风险评估等行政或司法救济手段逃避遣返。此外,遣返中我国还面临中外法律制度的差异导致的证据效力不足、量刑承诺的法律依据不足、遣返目的地不确定等问题。对此,我们应该积极配合有关国家向其提供外逃人员的犯罪证据、申请国际刑警组织发布红色通报、宣布外逃人员护照作废、综合运用跨国追逃追赃措施,以促成外逃人员依法被遣返回国。

Research on the Legal Difficulties and Countermeasures of Deportation in Transnational Repatriation

The fugitives often violate the immigration law of destination country when they abscond abroad or they are facing deportation problems because of their criminal behaviors in China and do not meet the entry conditions.As an alternative to extradition,the deportation of illegal immigrants which performs an important role in transnational repatriation,but its measures also face some difficulties,for example,the fugitives may use administrative or judicial remedies such as refugee applications or pre-repatriation risk assessments to avoid deportation.In addition,during the deportation,China is also faced with some problems such as the differences between Chinese and foreign legal systems lead to insufficient evidence effect,insufficient legal basis for sentencing commitment,and uncertain destinations of deportation.In this regard,we should actively cooperate with the relevant countries to provide them with criminal evidence of fugitives,application for Interpol to issue red notice,announcing the invalidation of fugitives passports,comprehensive measures through the use of transnational repatriation and booty-recovery,so as to facilitate the deportation of fugitives according to law.