| Under the scope of one country, two systems, three geneology four district oflaw, effectively detect and protect against those cross law district criminalitybecomes a hot topic for police circles around Mainland, Taiwan, Hong Kong andMacao. Meanwhile, the emerging off line cooperation among regional criminaljustice is gradually débuted in all sorts of manners. Most of the contents are closelyaround different law district activities. This create the foundation and platform forthe theoretical research for regional policing cooperation and assistance. Thebottleneck is that currently China still does not have a solid regional policing affairscooperation system, not even mention the standardization to regulate the cooperationthereof. Due to lack of theoretical guidance, the regional policing affair cooperationshows its instability and randomness and in the meantime, cooperation content isvery rough and sometimes slow in progress. There’s contradictory on the greatneeds of justice request and the slow development of theory research urge people torealize the true value of and common understanding and agreement upon regionalpolicing affairs cooperation.This essay systematically addressed the origination foundation, coverage andthe feature of regional policing affairs cooperation, and summarized the basicprinciples should be followed. The essay also shows a deep view on regionalpolicing affairs cooperation model and listed the contents under the cooperationscope and pointed out a clear and concrete structure.Firstly, the essay clarified the generic problems exist for regional policingaffairs cooperation. With the analysis of the current practice and legal basis, itdefined the connotation and extension for regional policing affair cooperation by keywords. the definition of regional policing affairs cooperation means to provide the support, assistance and aid to policing affairs among Mainland, Taiwan, Hong Kongand Macao in order to prevent and strike criminalities thereof. Under suchcircumstances, the essay compared the definitions within regional policing affairscooperation and clearly positioned and branded the cooperation here mentioned.Secondly, the essay discussed the specific characteristics of regional policingaffairs cooperation based on the existing generic issues. It disclosed the speciality ofcooperation lies in different history and legal culture background and different routeto resolve jurisdiction dispute in compare with other justice cooperation. Need topoint out that, regional policing affairs cooperation activities belongs justiceactivities scope, and it is very dynamic both horizontally or vertically speaking.Thirdly, this essay defined the basic principles of regional policing affairscooperation. A well-structured cooperation system will lay good foundation for theestablishment of basic principles, and the basic principles direct to the methodologythinking. Here commented some existing points of view on cooperation itself anddrew the conclusion that the debate should cover universality, abstractness, totalpicture to distil the phenomenon and observations. The cooperation foundationshould rely on one country two systems, all law district equal, focus on productivityand efficiency, protect human rights, limited public order maintenance. And again,the essay elaborate the relationship between one country and two system, only underthis tone, Mainland, Taiwan, Hong Kong and Macao can be embraced together withunited sovereignty and somehow separated governmental authority. With the rightpositioning of two systems, it could turn the one country factor into a facilitatorinstead of unnecessary road blocker.Fourthly, the essay recognizes the importance of the different options forregional policing affairs cooperation model in the process of standardization andinstitutionalization. In compare with other regional policing affairs in similar matrixlaw district such as regional business justice assistance, the best practice is todifferentiate Hongkong, Macau versus mainland and Taiwan Versus mainland. Withthe structural agreement endorsed firstly by mainland with Hongkong and Macau, and piloted with individual case to test the methodology and process, when thetiming is there, a concrete agreement could be forged mutually followed. When theprogress goes into a mature and completion stage then a common law could be thereto regulate and standardize the policing affairs cooperation. For mainland andTaiwan policing affair cooperation could be bridged by Nanjing Agreement, whichneed to fully implemented and reviewed to enrich the content with details to spreadover through different appendix, supplementary agreements and modifications andreviews to step to another stage for expected standardization and institutionalization.Lastly, the essay should be treated as an impartial part of regional criminaljustice assistance but will need to notice that it still carries some other contents notmentioned under the umbrella of criminal justice assistance. As a high levelsummary, the categories of regional policing affairs cooperation include regionalcriminal case transfer, assistant for legal documents delivery, criminal inspect andtake evidence escaped criminal hand over, criminal assets hand over, criminal dataand information sharing and policing affair training and development. In the regionalpolicing affairs cooperation discussion there’s a controversial topic about certainkind of criminal transfer, and some principles to follow is that absolutely no transferfor double criminality and Military offence criminals. The principle that politicalprisoner are not in the transfer scope is not necessary to be listed in the workingprinciples, and whether the criminal sentenced to death and criminals are nativecitizens should be transferred or not should be discussed case by case based ondifferent situations and rationales, there’s possibility of transfer still opens fordiscussion and exceptional approval. |
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