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在构建我国区际被判刑人移管机制的问题上,由于内地缺乏积极的承认和执行外国刑事判决的制度、关于区际刑事司法协助的立法尝试,以及在审前判后解决刑事管辖权冲突的思路等原因,我国内地与港澳特区至今尚未达成一致意见。但是,中国范围内不同法域之间跨境犯罪的频繁发生,亟待妥善处理的现状,以及内地与港澳特区在被判刑人移管方面已有的立法与司法基础,这些都充分地表明,在内地与港澳特区之间建构被判刑人移管机制,兼具必要性和可行性。而重要途径之一即是内地与港澳特区签订互相承认与执行刑事判决的协议。
Due to the lack of a positive system of recognition and enforcement of foreign criminal judgments in the Mainland, the legislative attempt on interregional judicial assistance in criminal matters and the resolution of conflicts of criminal jurisdiction after the pretrial trial Ideas and other reasons, the mainland of our country and Hong Kong and Macao SAR has yet to reach a consensus. However, the frequent occurrence of cross-border crimes among different jurisdictions in the PRC, the status quo urgently needed to be properly handled, and the legislative and judicial basis already established by the Mainland and Hong Kong and Macao Special Administrative Regions in transferring sentenced prisoners have fully shown that in the Mainland and The establishment of a system of transfer of sentenced persons between Hong Kong and Macao SAR is both necessary and feasible. One of the important ways is that the Mainland has signed agreements with Hong Kong and Macao SARs to recognize and enforce criminal judgments.