The Research Of The Control Of Transnational Crime Of China And Asean

As the China and ASEAN economy Free Trade Area startup and establishment, China and the member countries of ASEAN exchanges closed and cooperation in investment and trade, which is bound to promote the rapid development of their economies. With the increasing exchanges between the two sides at the same time, personnel exchanges of each countries are frequently, such as smuggling, drug trafficking, human trafficking, money laundering, corruption and bribery and other transnational criminal activities will increase. Plus the ASEAN and China's special geographical location, enabling the formation of a transnational crime barrier. Therefore, joint efforts to combat transnational crime, the maintenance and realization of China-ASEAN Free Trade Area of the normal economic exchanges and an important guarantee for the safe operation of the economy. Although in recent years, China-ASEAN member countries through various consultation mechanisms and the signed an extradition or a bilateral Mutual Legal Assistance Treaty, joint efforts to combat transnational crime and have achieved some success. However, as relations between China and ASEAN member countries closer, bilateral personnel exchanges more frequent, transnational crime will be an important factor troubled bilateral trade and economic development. And China-ASEAN in combating transnational crime, the criminal justice cooperation mechanisms have been behind the actual needs, there are still many questions in the actual implementation, both from the legislative and judicial practice, China and ASEAN member countries urgent to perfect the control of transnational crime, criminal justice assistance.This paper on analysis of the current situation of China-ASEAN transnational crime in the criminal justice and law enforcement cooperation in order to explore and complete the criminal justice cooperation system of the control of China and ASEAN member countries in transnational crime, the Paper is divided into total of six chapters, the first chapter is introduction, the main contents are describes the source of significant topics, research status and research methods.The second chapter described in detail on the concept of transnational crime and the characteristics, and compare transnational crime with international crime, foreign-related crime and other related concepts, and obtains transnational crime, which means the act or bad result of crossing two or more countries, while committing two or more countries criminal law, two or more countries have reasonable jurisdiction over criminal offenses.The third Chapter discusses in detail the China and ASEAN status of transnational crime, and analyzed the reasons for this situation. First of all, cited common types of China and ASEAN of transnational crime, such as illegal drug trafficking, human trafficking crimes, money laundering, computer crime, corruption and bribery crimes, to cross the border crimes, etc. Second, summarized the characteristics of transnational crime and its harm between China and ASEAN. Finally, analyzed the reasons of China and ASEAN transnational crime. Pointed out that China-ASEAN special geographical environment, personal exchanges closer, constitutionality idea of members is different, corruption situation, and each country legislation and international legislation has not yet to function effectively due to some reasons, so provide facility for China-ASEAN's transnational crimes.The fourth chapter is the focus of this article, from the perspective of the legislative and criminal justice, law enforcement cooperation discussed between China-ASEAN member countries control of transnational crime, legislation and cooperation mechanisms. First of all, international conventions, China-ASEAN countries signed a bilateral Mutual Legal Assistance Treaty, extradition treaties between China-ASEAN, and cooperation on certain specific matters of legal documents signed between China and ASEAN five aspects to comb the existing legal framework of control Transnational crime. Second, summed up the criminal cooperation mechanism of the control of transnational crime between China and ASEAN member countries in recent years. Including the ASEAN and CJK(10+3) Ministerial mechanisms to combat transnational crime, ASEAN and China (10+1) in combating transnational crime informal and formal ministerial meeting mechanism, China-ASEAN Prosecutors General Conference, China-ASEAN member countries in drug control cooperation mechanism, China-ASEAN countries police cooperation mechanisms. Finally, this part is the focus of Chapter IV and the core of the full text, pointing out that existing problems of China-ASEAN in the control of transnational crime cooperation mechanisms and put forward countermeasures for these problems. Mainly analyzed from three aspects:first, the legislative deficiencies and improvement, while that between China-ASEAN cooperation in criminal justice to adjust the existing relations between the countries is relatively less statute law, the Member countries should strengthen the consultations, to speed up the pace of signing of bilateral treaties or agreements. On the other hand also pointed out that China's domestic legislation defects and the corresponding perfect proposals. Second, there are three questions exist between China-ASEAN on carry out criminal legal assistance on issues and proposed countermeasures:(1) China-ASEAN on the conduct of criminal justice assistance in a single form, it is recommended to fill the transfer of criminal jurisdiction and the sentenced person transfer of jurisdiction of the two new forms of legal assistance to meet the actual needs. (2) The relevant functions of the organs China-ASEAN on carry out criminal legal assistance is unclear. (3) China-ASEAN countries regarding the development of the criminal justice assist system on the check aspect exist gaps and shortcomings. Third, the proposed problems in extradition of China-ASEAN, such as the issue of non-extradition of local nationals, the issue of the death penalty is not-extradition, the issue of political crimes is not-extradition, simple application of extradition and the extradition or the rules of prosecution and proposed appropriate recommendations and solutions.The fifth chapter is the future prospects of transnational crime, criminal justice on the control of China-ASEAN cooperation, in speeding up the legislative research work, at the same time, should also establishment the criminal specialized agencies of the control of China-ASEAN cooperation in transnational crime, and to learn from European Union countries to develop European arrest warrant system and try to establish the unity arrest warrant system between China-ASEAN and improve and perfect synchronization information and intelligence exchange mechanism, strengthen personnel training and technical cooperation.The sixth chapter is the conclusion part, point out that there are still many problems exist in China-ASEAN cooperation in the control of transnational crime mechanisms, and need further strengthen cooperation.