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近年来,随着两岸四地居民交流、交往的日益密切,跨境犯罪案件大量增加,由此引发的刑罚执行问题也日益凸显。其中,境外港澳台地区社区服刑人员的移管问题,即是一个颇值得探究的课题。本文拟结合我国社区矫正工作的发展现状,两岸四地刑罚执行制度的实际以及被判刑人移管已有的探索实践,侧重就构建中国大陆与港澳台间社区服刑人员移管制度进行粗浅探讨。一、区际社区服刑人员移管的涵义“被判刑人移管”一般是指一国将在本国受到审判的被判刑人移交给另一国(通常是其国籍国或惯常
In recent years, as the residents of the four places across the Straits have exchanged letters and exchanges, the number of cross-border criminal cases has risen sharply, and the issue of penalty execution has also become increasingly prominent. Among them, the issue of the transfer of prisoners in Hong Kong, Maucao, or Hong Kong, Macao and Taiwan outside the territory is a subject worth exploring. This article intends to discuss the current situation of community correction work in our country, the actual implementation of penalty execution system in both sides of the Taiwan Straits and the existing exploration and practice of the transfer of sentenced persons, and focuses on the discussion on the system of transferring prisons in mainland China, Hong Kong, Macao and Taiwan. I. Meaning of Transfer of Prisoners in Interregional Communities “Transfer of sentenced persons” generally refers to the transfer by a State of a sentenced person who is tried in its own country to another State (usually its country of nationality or customary