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领事协助是一国保护本国在国外公民的重要方式,当一国公民在所在国受到羁押、拘禁时,其获得领事协助的前提是其本国驻该国的驻外国领事机关获得领事通知。近年来国际法院在布雷德案、拉格朗案、阿维纳案等案件中针对《维也纳领事关系公约》第36条1款作出了美国违背其向有关国家领事的通知义务和告知当事人其获得领事帮助的义务的判决,法院认为公约赋予个人以权利,即当事人有领事通知权。领事通知的一体两面在于对所在国为一项义务,对外国当事人则为其享有的权利。领事通知的发展反映了人权背景下对外国人保护的加强,主权国应该重视在对外国人执法和司法过程中的进行领事通知。海外中国公民应当注意运用领事通知权保护自己的权利。
Consular assistance is an important way for a country to protect its own citizens abroad. When a citizen of a country is detained or detained in his home country, his consular assistance is based on the consular notification of his own consulate in that country. In recent years, in cases such as the Breid case, the Lagrange case and the Avie case, the International Court of Justice has made the United States violate its obligation of informing the consular of the country concerned and informing the parties of the acquisition of it, in accordance with article 36, paragraph 1, of the Vienna Convention on Consular Relations. The consul helps with the judgment of the obligation, the court held that the convention conferred rights on individuals, that is, the parties have consular notice. Consular notification of one of the two sides is that it is an obligation to the host country, while foreign parties are entitled to it. The development of consular notice reflects the strengthening of the protection of foreigners in the context of human rights. Sovereign states should pay attention to consular notification in the process of enforcing laws and judicatures of foreigners. Overseas Chinese citizens should pay attention to using the consular notice right to protect their own rights.