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随着国际刑事司法合作的发展和人权保护观念的日益深入人心,死刑不引渡原则越来越受到各国的重视,许多引渡条约也都规定了这一原则。近年来,我国为了引渡外逃犯罪嫌疑人,均承诺对被引渡人不适用死刑。本文正是以大量国家官员外逃为切入点,从死刑政策和司法管辖权等层面来探讨死刑不引渡原则与国家主权的冲突,并探寻解决途径。
With the development of international cooperation in criminal justice and the growing popularity of the concept of human rights protection, the principle of non-extradition of death penalty has drawn more and more attention from all countries. Many extradition treaties also stipulate this principle. In recent years, our country has promised not to apply the death penalty to extraditers in order to extradite the suspects. This article is just a large number of state officials to flee as the starting point, from the death penalty policy and jurisdictional level to explore the principle of non-extradition of death penalty and the sovereignty of national conflicts, and explore ways to resolve.