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在海外追逃的司法实践中,将身处国外的犯罪嫌疑人追逃回国的方式很多,其中引渡是较为正式的一种,其前提是基于与其他国家签订的双边引渡条约。除此之外,在未签订双边引渡条约的情况下,我国一般通过非法移民遣返、异地追诉、劝返等引渡替代措施追回外逃犯罪人员。由于我国现有的引渡制度并不完善,而引渡的替代措施本身也存在不足,导致我国在海外追逃中面临诸多的法律障碍。因此,我国在开展海外追逃工作中,必须加强对引渡措施的重视,逐步构建起以引渡为首,其他引渡替代措施为辅的海外追逃体系。
In overseas judicial pursuits, there are many ways in which suspects in foreign countries can be chased and returned to their home country. Among them, extradition is the more formal one based on bilateral extradition treaties signed with other countries. In addition, in the absence of a bilateral extradition treaty, China generally pursues those who flee the crimes by means of extraditing alternative measures such as repatriation of illegal immigrants, prosecution and exhortation from other places. As the existing system of extradition in our country is not perfect, the substitution measures of extradition itself are not enough, which leads to our country facing many legal obstacles in pursuing overseas. Therefore, in carrying out overseas pursuit and escape work, our country must step up its emphasis on extradition measures and gradually build up an overseas pursuit and recovery system supplemented by other extradition and substitution measures led by extradition.