China - Asean Judicial Assistance In Criminal Studies

China and ASEAN political, economical and cultural relationship is increasingly close. China and the bordering Thailand, Laos, Vietnam, Burma and other ASEAN countries, cross-border crime also grows at the same time. These types of crimes include drug crime, crime of trafficking in women and children, economic crime, such as robbery ship. Under this background, how to strengthen China-ASEAN bilateral or multilateral criminal judicial assistance has important practical significance. Especially in Yunnan province, which is China Southwest open "bridgehead" how to face the increasingly rigorous cross-border crimes, from system level, to explore appropriate route becomes significant.After studying our country scholars' research on criminal judicial assistance of status quo, we found the China-ASEAN criminal judicial assistance of theoretical value and practical value. By a collection of available data analysis, although there are many study of international criminal judicial assistance, but for China-ASEAN criminal judicial assistance was insufficient. This paper will make it sufficient and necessary. And it will enrich the theory of criminal judicial assistance research; the cases study will also be beneficial to the perfection of criminal judicial practice.This paper from the history of the development of judicial assistance in criminal judicial assistance, the concept, principle and criminal judicial assistance such as classification, on criminal judicial assistance for a complete system of theories on criminal judicial assistance, so it formed the theoretical basis of the research. In the whole system in the process of the research, the author points out that China-ASEAN criminal judicial assistance is of the international criminal judicial assistance, and it also clarifies the criminal judicial assistance and development history and some basis concepts. This paper points out that the national sovereignty and national interest are the starting point and destination, and emphatically introduces geographical range and whether or not to sign bilateral assistance treaty as the standard of two kinds of criminal judicial assistance classification standard. Then, this paper focuses on the China-ASEAN criminal judicial assistance and legal basis, taking Yunnan as a case study of the theory and the practice significance, as well as by "The Mekong River" by which thinking, and the design of the China-ASEAN criminal judicial assistance mode of Yunnan.Next, this thesis takes "China and Thailand criminal judicial assistance treaty" and "China and Philippine criminal judicial assistance treaty" as examples to undertake an analysis, reach obstacles. Yunnan as China's Southwest opening to the outside world "bridgehead", takes the role of barrier and bridge, Yunnan and neighboring ASEAN countries related crime has five main characteristics, most crimes as the crimes of Mafia-style organizations; larger drug crime group which has a definite link between these criminal organizations; longer duration; the amount detected more; the difficult of more.Finally, according to the China-ASEAN criminal judicial assistance that may be encountered in language, system obstacles undertook corresponding countermeasure design.To sum up, China-ASEAN criminal assistance, not only needs to deal with the increasingly severe cross-border crime situation, and the existence of a series of language, system obstacle. For this purpose, the related criminal judicial assistance should follow the rules and principles of criminal judicial assistance, but also gives full play to Yunnan "bridgehead" status and role, in the "symbiotic harmony, to jointly promote the China-ASEAN" criminal judicial assistance between the theory and practice.