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随着全球化进程的加快,跨国犯罪活动日益猖獗,对各国之间的司法合作提出了更迫切的要求。作为打击跨国犯罪的利器,引渡的重要性不言而喻,而被判刑人移管制度作为国际刑事司法协助的一个崭新而重要的合作领域,也在我国呈现出形式上从无到有、规模上从小到大的发展势头。引渡被判刑人回本国服刑与移管被判刑人去他国服刑,对象上存在交叉,易被混淆,有必要进行比较分析,厘清两种制度的异同,确保在国际司法协助中能对二者正确、灵活运用,达到打击跨国犯罪、实现惩罚目的的最优效果。
With the acceleration of globalization, transnational criminal activities are increasingly rampant, putting more pressing demands on the judicial cooperation among various countries. As a weapon against transnational crime, the importance of extradition is self-evident. As a new and important area of cooperation for international criminal justice assistance, the system of transfer of sentenced prisoners also shows a formal non-existent and scale From small to large development momentum. Extradition of the sentenced person to be returned to the country to serve his sentence and transfer of control was sentenced person to serve his sentence in other countries. There is a cross between the objects and is easily confused. Therefore, it is necessary to conduct a comparative analysis to clarify the similarities and differences between the two systems so as to ensure correctness, Flexible use, to fight the cross-border crime, to achieve the best effect of the purpose of punishment.