A Survey On Duty Crime Case’s Investigation Mechanism In Hong Kong And Macao

Our country has been cracking down on harm social development all kinds ofcorruption behavior.Along with the Chinese mainland and Hong Kong, Macao in the political,economic and cultural exchanges have become increasingly frequent, Hong Kong and Macaoin duty crime cases also increased year by year. According to the new situation ofanti-corruption work, the mainland procuratorial organs and Hong Kong and Macaoanti-corruption law enforcement agencies through the years of exploration and practice, andgradually build up cross-border duty crime case investigation mechanism, to fight thecommon cross-border duty crime and punishment of corruption, in criminal judicial assistancefield show influence each other, mutual penetration and mutual fusion trend. However, thethree places belong to different legal system, three between these units in the legal tradition,judicial system and legal operation procedure etc. There is a big difference, in carrying outjudicial cooperation unavoidably produce some friction and collision. Therefore, improvingand perfecting the duty crime case investigation mechanism, in the different legaldevelopment between regional criminal judicial cooperation has become a realistic subject.Therefore, this article selects in carry out the work of the most model significance of thesouthern province procuratorate (hereinafter referred to as G provincial procuratorate) as theobject, to analyse the25years in Hong Kong and Macao of duty crime investigation caseswere investigated. From the survey situation, G provincial procuratorate in Hong Kong andMacao duty crime case investigation work mainly experienced the exploration, developmentand deepening three stages, and set up specialized in Hong Kong and Macao caseinvestigation department, in to assist in the investigation and evidence collection, chaseescaped, recovered the money and the witnesses to appear in court and made certainachievements. However, at present, the mainland and Hong Kong and Macao regions has notyet signed a formal judicial assistance agreement, lead to inquires the financial data,recovered, filthy lucre, pursuing the escaped prisoner and other difficulty always cannot riseto legal level to effectively solve. In addition, three criminal legal system differences andassist wrong and so on factors also influence the Hong Kong and Macao in duty crime caseinvestigation work.Through the analysis, the author thinks that should be signed as soon as possible investigation and evidence collection, rendition, money demand of interregional criminaljudicial assistance agreement, again with these kinds of agreement for cooperation experienceas the foundation, and gradually make other criminal judicial cooperation agreement. At thesame time, the establishment of cross-border put on record mechanism and carry out remotevideo forensics, expand the duty crime case investigation cooperation space, will be a single,passive investigation development for the interaction, two-way information exchange, jointinvestigation and to fight the common cooperation relations, improve and Hong Kong andMacao law enforcement cooperation level.I hope this paper for the future in Hong Kong and Macau mainland procuratorial organsin duty crime investigation work and future mainland China and Hong Kong, Macao signinterregional judicial mutual agreement to have the certain reference and use for reference.