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海峡两岸相互承认刑事裁判,是继续拓展两岸刑事法律合作的应然选择。从积极维护被判刑人权益出发,两岸间相互承认刑事裁判,有利于贯彻“一事不再理”原则,有利于促进实质平等的实现,可以为被判刑人提供有利的刑罚执行。相互承认刑事裁判,并不会得出政权相互承认的结论。促进两岸彼此对刑事法律制度的了解和信任,是实现两岸刑事裁判相互承认的基础。我国刑法第10条有关外国刑事裁判消极承认的规定,不能用来解决两岸之间刑事裁判的承认问题。两岸之间应当协调立场,尽快通过妥当的方式解决这一问题。
The mutual recognition of criminal judgments by the two sides of the Taiwan Strait is an appropriate choice for continuing to expand cross-Strait criminal legal cooperation. Starting from actively safeguarding the rights of sentenced persons, the mutual recognition of criminal judgments between the two sides of the Taiwan Strait will be conducive to implementing the principle of “no matter what else is done”, will be conducive to promoting the realization of substantive equality and will provide a favorable penalty to the sentenced people. Mutual recognition of criminal judgments, and will not draw the conclusion of mutual recognition of political power. Promoting mutual understanding and trust between the two sides of the Taiwan Strait in the criminal legal system is the basis for the mutual recognition of criminal judgments across the Taiwan Strait. The provisions of Article 10 of our criminal law on the negative recognition of foreign criminal judgments can not be used to solve the recognition of criminal judgments between the two sides of the Taiwan Strait. The two sides should coordinate their positions and solve this issue as soon as possible through proper methods.