Thinking And Practice On Cross-strait Mutual Legal Assistance

Mutual assistance of Regional criminal justice refers to the mutual activity whichprovides convenience and cooperation for delivery of litigation document, evidenceinvestigation, prisoner transit, lawsuit transit and administration, judgmentconfirmation and implement between different legal areas within one sovereigncountry.Recent years, as the communication between Chinese mainland and Taiwanbecome closer, the cross-strait criminal and criminal activities become more and more.And it has threatened the Chinese mainland and Taiwan people’s lives and property.In orderto efficiently hit the cross-strait criminal activities, there is no way but to put themutual assistance of cross-strait regional criminal justice on the agenda.But there is an specialty in the cross-strait relation, we cannot find the precedentin mutual assistance in regional criminal justice.For many years, we haven’t formallybuilt the system of criminal justice mutual assistance, but the communication andcooperation between cross-strait justice authorities never stopped. The study for somecases not only accumulates experience, but also meets a lot problems.Apr.26,2009, Mutually hit cross-strait criminal activities and justice mutualassistance agreement was signed between mainland and Taiwan. And it is an new erafor cooperation of cross-strait criminal justice. But there is no detail description fortechnological operation in the regulation design of the agreement framework. So thereis so many problems that still not been solved absolutely, for example evidence search,admit, attack for transboundary criminals, administration right conflict, and transferprisoner, etc. Moreover, now the study is very week because of politics, history andpractice.And the thesis is based on the need for theory and actuality, take the justicepractice cooperation between Fujian province and Taiwan as samples, study thepractice problem and solution for cross-strait justice mutual assistance from justicepractice angle, try to improve the cross-strait mutual justice assistance system. Frominsisting principle, cooperation mode, system set-up to build, and put forward the fourprinciples that one nation two system principle, equal status in legal areas, efficientlyhit and prevent criminals, reasonably define administration right, set up the window authorization mode, emphasize the subject of cross-strait justice mutual assistance.And take Fujian as first window, clearly authorize Fujian People’s Procuratorate as thecontact unit of mutual assistance between mainland and Taiwan. Under the leadershipof supreme people’s procuratorate, directly contact Taiwan justice authorities andpeoples, harmonize criminal activities related Taiwan. At the same time, try to studythe improvement for criminal information transfer, evidence investigation help,criminal attack cooperation, prisoner administration transfer, justice practicecommunication, thereby provide some conceives for solving cross-strait criminaljustice assistance.