Study On Handling Criminal Case Involving Foreign Elements

China is at a crucial stage of the socialist modernization drive. Objective factors--such as Socialist Market Economy, Reformation and Opening, Globalization, determine the engendering and expanding of criminal case involving foreign elements. According to the present situation and developing trends of such cases, it must be a kind of common case in our country and possibly restrict economic construction and social development. It is an urgent need to make a systematic study of such cases. On the basis of giving a definition of criminal case involving foreign elements and fully understanding many fields related to the work of handling such cases, this article tries to analyse the problem in the background of political and economic structural reform, in order to find out the faults in the work and put forward countermeasures. Specifically speaking, the study is on four aspects.in the legislation aspect there are faults about structuring legal framework and solving conflict of law; in the system aspect there are faults such as clarifying power and responsibility confusingly, functions divorcement, lack of cooperation; in the law enforcement aspect there is large room for improvement about handling cases in conformity with legal provisions, cost and effectiveness of law enforcement, qualities of law enforcement officials; in the international policing cooperation aspect it is needed to develop the range and quality of cooperation as soon as possible. In accordance with these faults, here are four aspects of countermeasures:in the legislation aspect trying to improve the legal framework on handling criminal case involving foreign elements; in the system aspect eliminating the disadvantage of existing system by means of structuring specialized law enforcement agency and establishing auxiliary mechanism; in the law enforcement aspect wholly improving the level of law enforcement by strengthening sense of government by law, training international and specialized law enforcement officials, enhancing guiding and exchanging; in the international policing cooperation aspect bringing about standardization, expanding cooperation space, enriching cooperation models, broadening cooperation fields, consummating policing liaison officer system and policing assistance system.