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双重犯罪原则是引渡制度的重要内容 ,对于引渡请求所指向的行为只要依请求国与被请求国两国法律达到实质类似 ,就以为符合双重犯罪原则。从国际刑法学的角度 ,论述了在对国际犯罪进行引渡的过程中 ,双重犯罪原则之实质类似说的具体适用需要把握的若干问题 ,认为实质类似说与罪刑法定主义并无冲突 ,也不会造成对政治犯不引渡原则的背反 ,它与普遍管理原则所引申出的或引渡或起诉原则能够达成协调。另外 ,认为实质类似说体现在定罪和刑罚两方面 ,各国对可引渡之罪的标准从列举式到淘汰式的演变也表明了国际刑事立法对该说的确定
The principle of dual criminality is an important part of the system of extradition. Any act to which a request for extradition refers can be regarded as conforming to the principle of double criminality only if the law of the requesting State and that of the requested State reach substantive similarities. From the perspective of international criminal jurisprudence, this paper expounds some issues that should be grasped in the concrete application of the principle of dual criminality in the process of extradition for international crimes. It holds that there is no conflict with the legal doctrine of crimes and punishments, Resulting in the opposite of the principle of non-extradition of political prisoners, which can be coordinated with the principle derived from the principle of universal administration or of the principle of extradition or prosecution. In addition, the substantive similarity is that both manifestations of conviction and punishment are manifest in the evolution of standards for the extradition of States from enumeration to elimination, as well as the determination of that expression by international criminal legislation