A Study On The Practice Of Criminal Judicial Assistance In China And

With the relationship between China and the ASEAN member countries closer, more frequent bilateral exchange of personnel between the Mekong basin countries gradually become an important factor in transnational crime plagued people living with both bilateral economic development. The current criminal justice cooperation mechanism with ASEAN countries jointly combat transnational crime has lagged behind demand in reality, there are still many problems in the actual implementation process, both from the legislative or judicial practice, criminal justice between China and ASEAN member countries to assist needs improvement.After the Mekong tragedy, the investigation and trial process to a successful investigation and trial of the case, in Laos, Myanmar and Thailand have been able to work closely, mainly due to the criminal judicial assistance treaties and international police cooperation between China and these countries signed the result, thanks to recent years, China’s growing comprehensive national strength and international influence, showing the advantages of China and ASEAN countries criminal justice assistance. Meanwhile the old Myanmar and Thailand to help build security enforcement mechanism reflects the countries to jointly safeguard regional security and better expectations.The first part of the international judicial assistance in criminal law, the concept of criminal judicial assistance between China and ASEAN countries as well as multilateral treaties and bilateral cooperation agreements signed between China and ASEAN countries to do in detail. And discusses in detail the status of cross-border crime between China and ASEAN, first of all, lists common types of transnational crime between China and ASEAN, transnational crimes such as armed drug cartels, money laundering, transnational crime and trafficking in women and children telecommunications fraud. Secondly, summarizes the characteristics and dangers of transnational crime between China and ASEAN. Then discusses the current situation of China and ASEAN countries for mutual legal assistance, mainly legal basis, the achievements and shortcomings of both in the process of judicial assistance. The second part describes the specific and detailed process Mekong tragedy betweenMyanmar and Thailand in the old four countries outside the detection, investigation and evidence collection, the joint arrest, trial and other dynamic criminal justice assistance. In the case of the trial focused on forensic investigations and court debate around whether the main graft, illegal evidence exclusion, foreign witnesses and sentencing started.The third part describes the Case Study of Sport in waxy international judicial assistance in criminal significance. Transformation of the case and the use of evidence of positive significance, including the exchange and transformation of Thailand, Laos police use of evidence extracted and protection of foreign witnesses, evidence in criminal cases involving foreign joint investigation, the analysis of foreign suspects in criminal proceedings guaranteed rights, after the establishment of the four countries in the old Burma-Thai joint law enforcement and security cooperation mechanism and the impact of law enforcement on the Mekong River tragedy.The fourth part is the author proposes the improvement of China-ASEAN Reflections criminal judicial assistance. Namely to improve judicial assistance in criminal law, including improving the existing treaty between China and ASEAN countries, a clear concept of political prisoners, to develop "International Judicial Assistance in Criminal Law"; establish a judicial mechanism disposed of cross-border criminal investigations, including the establishment of cross-border surveillance mechanism for cross-border hunt system; establish the Greater Mekong region envisaged joint enforcement areas, including joint patrols to broaden the scope of law enforcement and security cooperation at the national, standardized joint patrol enforcement procedures, clearly targeted by the joint law enforcement to build the Greater Mekong regional intelligence and information exchange network and its lack of response to the norms of international judicial assistance in criminal investigations clearly extraterritorial application conditions and extraterritorial investigations.The last part is the conclusion, pointed out that China and ASEAN are still many problems in terms of criminal justice assistance, subject to further strengthen cooperation and improvement of judicial assistance system.