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刑事犯之遣返,是两岸之间发展最早的司法互助,也是两岸共同打击犯罪的重点之一。二十几年来,从个案到制度,从实务到理论,至2009年4月26日两岸签署了《海峡两岸共同打击犯罪及司法互助协议》,建构了制度化、规范化的遣返机制。本协议仅系框架性及原则性规定,并纳入若干国际司法互助原则,台湾地区法务主管部门已订颁“海峡两岸缉捕遣返刑事犯或刑事嫌疑犯作业要点”作为执行之规范。惟鉴于两岸关系之特殊性以及制度和法律的差异性,两岸间应进一步建立法制层面的共识,完善内部立法,发展理论研究,加强协作与配合,以有效执行遣返作业,达到追逃的目的。
The repatriation of criminal prisoners is the earliest development of mutual legal assistance between the two sides of the Taiwan Strait and one of the key points for the two sides of the Taiwan Strait to jointly crack down on crimes. In the past few decades, from the case to the system and from practice to theory, the two sides of the Taiwan Strait signed the Agreement on Mutual Assistance in the Crime and Judicial Mutual Assistance and Mutual Assistance between the two sides of the Taiwan Strait on April 26, 2009, establishing an institutionalized and standardized repatriation mechanism. This agreement is only a framework and principle, and incorporates a number of principles of mutual legal assistance. Taiwan’s legal department has promulgated the “Key Points for the Operation of Criminal Offense or Criminal Suspect Seized across the Taiwan Strait” as the norm of implementation. However, given the particularities of the cross-Strait relations and the differences in systems and laws, the two sides should further establish consensus at the legal level, improve internal legislation, develop theoretical research and strengthen coordination and cooperation in order to effectively carry out repatriation operations so as to achieve the goal of pursuing escape.