Research On The Problem Of Interregional Criminal Judicial Assistance In China

The People’s Republic of China was originally a unified centralized state. Our history tradition and national relationship factors determine the unitary form of state structure is the only method to be adopted in our country. In such a form of state structure, there is no interregional conflict of laws and interregional judicial assistance, and you can’t have interregional criminal judicial assistance. But as China has successively in 1997 and 1999 to resume the exercise of sovereignty over Hong Kong and Macao, according to the basic law of the Hong Kong special administrative region of the People’s Republic of China and the basic law of the Macao special administrative region of the People’s Republic of China relevant provisions of the, after setting up the two special administrative region, the existing social system and way of life 50 years, the original basic legal system of 50 years. Since the People’s Republic of China has formed the national "one two three three", which formed the one country, two system, three legal systems, three legal family country. After reunification across the Taiwan straits, will form the national "one two three four", to form the one country, two systems, three legal systems and four legal family country. Because of China’s mainland and the special administrative region not only belong to different legal family and legal system, each other have different legal tradition and legal system, and the special administrative region shall he vested with independent legislative power and judicial power, especially enjoy judicial including that of final adjudication. Which not only makes the conflict of laws between these units is inevitable, And makes the judicial assistance between different jurisdictions as necessary.In recent years, studies of China’s interregional criminal judicial assistance to the problem of discussion devoted great enthusiasm, but the discussion was more involved in the principles and measures of the interregional criminal judicial assistance ect side. Rarely deals with or less deeply deals with the nature of the interregional criminal judicial assistance in China and patterns ect problems, while China interregional criminal judicial assistance to solve problems. To a large extent depends on the nature and characteristics of China’s interregional judicial assistance and mode for discussion and understanding, that only a comprehensive, in-depth to explore the nature and characteristics of China’s interregional criminal judicial assistance and patterns ect problems, to make China’s interregional criminal judicial assistance to better solution. Based on this, This paper system, fully discusses the nature and characteristics of China’s interregional criminal judicial assistance and patterns, hope to interregional criminal judicial assistance to China the better solution.The paper mainly includes the following four parts:The first part, based on the interpretation of the concept and characters of the international criminal judicial assistance, the concept of interregional criminal judicial assistance and characteristics. About the meaning of the international criminal judicial assistance, in the academic circles and inconclusive. We think, the international criminal judicial assistance is court requesting the other country to make certain criminal litigation, such as served judicial documents, citations witness, investigation, acknowledgement and enforcement of foreign court of criminal judgment, Including a request for international criminal judicial commission, accept the request for international criminal judicial assistance. Its characteristic is the subject of criminal judicial assistance for courts in different countries; The field of judicial assistance in criminal field; The content of criminal judicial assistance on behalf of the served judicial documents, citations witness, investigation, recognition and execution of the requesting state court of criminal judgment; The legal basis for criminal judicial assistance to the international treaties or agreements. Interregional criminal judicial assistance, refers to the different jurisdictional within one sovereign state judicial organs between collaboration and mutual assistance in the field of criminal behavior. Its characteristic is the body of the criminal judicial assistance is different jurisdictional court; Judicial assistance field only in criminal field; The legal basis for judicial assistance to legislation in various legal or the agreement between these units or national uniform legislation; Criminal judicial assistance does not need to pay and does not provide assistance without any necessary explanation.The second part, discusses the nature of the interregional criminal judicial assistance in China. Throughout all the world of interregional criminal judicial assistance between both countries are fully equality relations of criminal judicial assistance. Legal status among the various legal family full equality, and the Supreme Court is the court of appeal in all legal trial court, the Supreme Court shall have the right to coordinated the criminal judicial assistance between different legal relations. Therefore, the relationship of the interregional criminal judicial assistance dealing with a more convenient and quick. While China interregional criminal judicial assistance:It is Hong Kong, Macao and Taiwan on the one hand the equality of criminal judicial assistance between across jurisdictions; On the other hand characterized by court in mainland China and Hong Kong, Macao and Taiwan court criminal judicial assistance between incomplete in every legal equality. Which is given priority to with incomplete equality of interregional criminal judicial assistance, in Hong Kong, Macao and Taiwan every legal equality between criminal judicial assistance is added. Namely the equality of the criminal judicial assistance between different legal family with incomplete equality of criminal judicial assistance mixed into one, determines the interregional criminal judicial assistance China relations deal with the problems facing unprecedented severe.The third part, the characteristics of present China interregional criminal judicial assistance. China interregional criminal judicial assistance at least has the following characteristics:It is based on the basis of "one country, two systems"; It is based on an unprecedented under the special form of state structure; Circumstances it exists in many legal systems to coexist; It strongly influenced by diverse culture; It has evolved in stages; It cannot be coordinated by a central court; It lacks for unified the applicable substantive law and procedural law; Its various conflicts when facing the application of law; It should not be applicable international treaties and agreements to adjust; It exists only in a particular historical period; It lacks both into experience for reference.The fourth part, discusses on model the interregional criminal judicial assistance of China. China’s special nature and the basic characteristics of interregional criminal judicial assistance, determine the interregional criminal judicial assistance in China should take model suitable to China’s situation. Because of China’s interregional criminal judicial assistance is formed in stages, so the pattern of interregional criminal judicial assistance of China should be established in stages, the different stage should adopt different models. Not only that, due to the special national conditions of China, determines the Chinese various stages of the interregional criminal judicial assistance can’t adopt the single mode. And each phase should be use a variety of respectively patterns, among them is given priority to with some patterns, some patterns as the auxiliary pole, to ensure our China interregional criminal judicial assistance gradually solve the problem.