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致力于国际与内国司法关系平衡的国际组织,通常具有较强地执行力。如ICC通过《国际刑事法院章程》在管辖权上谦抑地让与,得到了全球122个国家的支持,尤其以德国最为典型。虽然国际规约与德国立法的衔接已处理得十分成熟,尤其是《德国刑事诉讼法》规定的“安全阀”制度堪称刑事司法协助制度中的经典,值得我国借鉴,但此制度尚存在一些问题亟待解决。唯有从国内刑事司法体系入手,才能力争制度体系的完善,并成为真正推动国内以及国际刑事司法体系改革的“助推器”。
International organizations that devote themselves to the balance of international and domestic judicial relations usually have strong executive powers. For example, the ICC’s modest concession in jurisdiction through the Statute of the International Criminal Court has received the support of 122 countries around the world, most notably in Germany. Although the link between the international statute and the German legislation has been handled very well, especially the “safety valve” system stipulated in the German Code of Criminal Procedure is a classic in the system of criminal justice assistance and it is worth our country’s reference. However, this system still exists Some problems need to be solved. Only by starting from the domestic criminal justice system will we be able to strive for the perfection of the system of rules and become the “booster” that will truly promote the reform of the domestic and international criminal justice system.