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随着我国改革开放事业的发展,国际间交往日益增多,近些年来,国际司法协助工作逐渐引起了学界的关注。广义的国际刑事司法协助包括引渡、诉讼移管、外国判决的承认和执行以及其他诉讼行为。其中,关于被判刑人移管的问题讨论,衍生了新的课题与研究。本文对被判刑人移管制度的适用条件、程序等基本问题做了一定的论述,结合当今主流理论和司法实践,较为具体地阐述了我国关于被判刑人移管制度的现状。
With the development of China’s reform and opening up, the international exchanges have been increasing. In recent years, the work of international judicial assistance has gradually drawn the attention of academic circles. General international criminal justice assistance includes extradition, transfer of litigation, the recognition and enforcement of foreign judgments and other proceedings. Among them, the discussion on the transfer of sentenced persons has led to the development of new topics and research. This article makes some comments on the basic conditions, such as the conditions and procedures for the transfer of sentenced persons. In connection with the current mainstream theories and judicial practice, this article elaborates the current situation about the transfer of sentenced persons in our country.