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在我国移交犯罪嫌疑人方面的最大障碍是双方之间尚未签订移交协议,而由于不同法域在刑事管辖权行使、移交原则、移交程序等方面未能达成共识。在一国两制的法制框架内,国内不同法域逃犯移交的性质是国内地区性司法合作,我们应该以犯罪地为中心解决管辖权冲突,逃犯移交时应坚持政治犯例外不适用,死刑犯相对不移交,本地居民或移交或起诉原则,限制适用双重犯罪原则,并就移交的特别程序作出努力。
The biggest obstacle to the transfer of criminal suspects in our country is that no agreement of transfer has been signed between the two parties. However, due to different jurisdictions, no consensus has been reached on the exercise of criminal jurisdiction, the principle of transfer and the procedure of transfer. Within the framework of the legal system of one country, two systems, the transfer of fugitives from different domestic jurisdictions is of the nature of domestic judicial cooperation. We should solve the conflict of jurisdiction mainly on the basis of crime. Exceptions should be adhered to when the fugitive is handed over. The death penalty prisoners are relatively not handed over, Local residents or the principle of referral or prosecution, restrictions on the application of the principle of double criminality and efforts on special procedures for surrender.