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Extradition is an international cooperation in the struggle against crimes as well as an important system for criminal udicial mutual aid between countries. The constant change of international relations has brought about many new problems to the system. So far there hasn't a general international convention to stipulate for extradition as a whole.Therefore, it is necessary to reseach into problems of extradition about subjects, objects, basic procedure and legal basis. 引渡是与犯罪作斗争的一种国际合作,是国家之间刑事司法互助的一项重要制度。随着国际关系的变化,引渡制度面临着许多新的问题,并且到目前为止尚没有一个普遍性国际公约对整个引渡加以规定,因此有必要对引渡主体、引渡客体、引渡的基本程序和法律依据以及关于“政治犯不引渡”等一系列问题加以探讨。 In the history of international punishment against the crimes of wars, the four Geneva Conventions and its two additional Protocols have had the great significance to lay a good legal foundation for the enforcement of the principle of a prescribed punishment against a specific crime. The statute of the former Yugoslavia tribunal gave a great impetus to the development of the punishment against the crimes. The statute stipulates that the international tribunal is superior to internal courts,... In the history of international punishment against the crimes of wars, the four Geneva Conventions and its two additional Protocols have had the great significance to lay a good legal foundation for the enforcement of the principle of a prescribed punishment against a specific crime. The statute of the former Yugoslavia tribunal gave a great impetus to the development of the punishment against the crimes. The statute stipulates that the international tribunal is superior to internal courts, which goes beyond the realistic possibility of the international society and has weakened the significance of the tribunal. The International Criminal Court Statute is the latest development of international punishment against the crimes of wars. This statute has made a great step in absorbing principles of criminal law, improving jurisdiction and trigger mechanism,etc.,though it still includes a sort of idealism and needs improving in handling the relationship with the Security Council of the U.N. The history of international punishment against the crimes of wars reflects the trends of standardizing judicial bodies, strengthening compulsiveness and precedingly developing the punishment against individual crimes. 四个《日内瓦公约》及其两个附加议定书,为惩治战争犯罪罪刑法定原则的实现,奠定了良好的法律基础。前南法庭规约对国际惩治战争犯罪的发展具有巨大推动作用,但该规约规定国际法庭应优于各国国内法院,超出了国际社会的现实可能性,削弱了法庭的意义。《国际刑事法院规约》是国际惩治战争犯罪的最新发展,在吸收刑法原则、改进管辖权及触发机制等方面取得了显著进展,但《国际刑事法院规约》仍含有理想主义成分,在处理与联合国安理会的关系上也尚待改进。国际惩治战争犯罪的发展史反映出规范审判组织、增强强制性和优先发展个人犯罪惩治的趋势 Around 1950s in the 20th century, with advanced protection of environment, the countries such as America, Germany, Japan etc. have strengthened the punishment for environ- mental crimes by means of criminal code, separate criminal law, and accessory criminal law. International community has made great efforts to protect human environment and strengthen inter national cooperation. The main feature of punishment for environmental crime in the countries of common law system is to provide environmental... Around 1950s in the 20th century, with advanced protection of environment, the countries such as America, Germany, Japan etc. have strengthened the punishment for environ- mental crimes by means of criminal code, separate criminal law, and accessory criminal law. International community has made great efforts to protect human environment and strengthen inter national cooperation. The main feature of punishment for environmental crime in the countries of common law system is to provide environmental punishment clauses by means of accessory crimi- nal law and thus make all kinds of environmental punishment clauses incorporated into administra- tive law. 一些环境保护先进国家, 如美国、德国、日本等,自 20世纪 50年代先后以刑法典、单行刑法和附属刑法的方式加强对环境犯罪的制裁。国际社会为保护人类环境加强国际间的协作亦付出了较大的努力。而属于普通法系判例法的国家.其制裁环境犯罪的突出特点,就是采用附属刑法的方式规定环境刑罚条款,使各类环境刑罚条款皆寄生于行政法之内。
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