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The Researching About The Criminal Cases Judicial Assistance And Criminal Police Assist Among The Four Places Of Chinese Mainland,Hong Kong,Macao And Taiwan

Posted on:2013-09-11Degree:MasterType:Thesis
Country:ChinaCandidate:Z F LiFull Text:PDF
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Today, the great under the guidance of Comrade Deng Xiaoping’s "one country, two systems", the judicial field showing the race for the situation of the four jurisdictions, which has brought numerous legal issues and legal phenomena in China’s judicial system has also brought many new topics need to study and be explored.In accordance with the Basic Law of the Hong Kong Special Administrative Region, Macao Special Administrative Region Basic Law, the existing provisions of the law, our government resumed the exercise of sovereignty and the peaceful reunification of Hong Kong and Macao, the three Special Administrative Region to exercise a high degree of autonomy in accordance with the great concept of the "one country, two systems" the three regions will retain the existing judicial system and legal system, three of Hong Kong, Macao and Taiwan will enjoy the independence of the jurisdiction. Since the reform and opening up of the Mainland and Hong Kong, Macao and Taiwan regions, exchanges are increasingly frequent, so in the form of some criminals use the differences in legal systems and the special geographical position, the cross-border criminal activities much worse. In the meantime, the three are related to each other, including economic crimes cases than before, greatly increase the increase in some of China’s economy is relatively developed areas, the relevant cases even about36%, in some coastal cities and special economic zones These cases accounted for about45to70percent. Different because the three places of legal and judicial system, related to the judiciary when dealing with criminal cases between these three places involved in the definition of the jurisdiction of the case and judicial assistance, inevitably there are certain problems.Regional Cooperation how the legal constraints under the direction of the normative order, is now an important research topic in academia. Regional Cooperation under the constraints of the law towards the direction of development of the normative order, I believe that the Regional Criminal Judicial Assistance for the great concept of "one country, two systems continue to strengthen cooperation in criminal justice in the Chinese mainland and Hong Kong, Macao and Taiwan three most important form, crack down on cross-strait three crimes, even the useful role played by the cross-border crime will become increasingly evident, and therefore will continue to be the attention of our government and academia. Criminal justice assistance, research carried out to three places in the system of "one country, two systems", for the three places under the guidance of one country, two systems of criminal justice to assist the legislative and judicial practice with a very important practical significance.Since the mid-1980s, China’s foreign criminal judicial assistance to carry out a lot of work, has signed a criminal judicial assistance treaties and extradition treaties with many countries, especially in December2000, the Extradition Law of the People’s Republic of China The promulgation of the promulgation of the Extradition Act marks our criminal judicial assistance system from zero to, step by step towards the normative characteristics of the development. But different levels of our regional system of criminal justice to assist the status quo are still some problems, I believe that in addition to the draw of foreign criminal judicial assistance treaties on the basis of the level of the Basic Law on Regional Criminal Justice to assist the system to regulate This is not only an important step in our rule of law and sound, the actual needs of China’s judicial practice, and can provide strong support for our criminal judicial assistance with international standards.In short, the Regional Criminal Judicial Assistance between the three places all aspects of specification and even legislative conditions have been mature. Regional Criminal Justice to assist in the construction of specific procedures, follow the guiding ideology and basic principles must be firm, use of the existing conditions to overcome the practical difficulties, according to the status of objective fact, the actual analysis of the relevant regional judicial assistance to the legal system as well as the practical basis analyze, and solve the problem, try the three areas of interaction involved in criminal cases under the jurisdiction and inter-district judicial assistance from the Mainland, Hong Kong, Macao and Taiwan interaction involving conflicts of criminal jurisdiction, the principles, strategies, and our existing country district guiding ideology and principles and their specific build of the International Criminal Judicial Assistance status and international judicial assistance in criminal procedure in the District to explore the shallow. Hope that the immaturity of the recommendations as to initiate the move, looking forward to our Regional Criminal Judicial Assistance and district-level police to assist as soon as possible to standardize institutionalized.
Keywords/Search Tags:jurisdiction, conflict, Regional Criminal Judicial Assistance, Inter-district police assistance
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