The Discussion Of Non Bis In Idem In Judicial Assistance Suits On Cross-Strait

Non bis in idem as one of the important principles of international judicial cooperation in criminal and in resolving conflict of jurisdiction, promote the international criminal judicial cooperation smoothly plays an important role, also to solve the different scopes of law of interregional conflict of jurisdiction and interregional judicial assistance also important reference significance. This paper will focus on one thing no longer principle under the framework of "one country, two systems" in our country, the interregional judicial to help especially in the both sides of the Taiwan Straits jointly combat crime and judicial mutual problems produced in the process of application of the agreement were discussed, in order to solve the cross-strait conflict in criminal jurisdiction, to ease cross-strait caused by the concurrence of criminal jurisdiction conflict, weakening differences in different systems of law are brought about negative effects, and the protection of human rights and criminal justice, avoid the defendant in a criminal case is facing danger once again by the trial. The first part of the no longer principle outlined in the international and interregional between the application and the problems, revealing the core problem and the nature of the problem are concurrent jurisdiction and mutual recognition of the validity of criminal judgment. At the same time, the provisions of the interregional judicial assistance in criminal cases in the domain of no longer principle were analyzed. The second part introduces the cross-strait interregional judicial assistance development process, from the early to the recent cross-strait mutual legal assistance model of the analysis the development direction. The third part discusses things no longer principle in cross-strait judicial cooperation, mainly on the personnel repatriation and sentenced people transfer problems existing in. The fourth part show that the conflict of jurisdiction in the cross-strait mutual legal assistance agreement to address the reasons, put forward to resolve jurisdictional rights conflict rules and specific practice, establish jurisdiction conflicts of rights "or repatriation or prosecution principle, also from Hong Kong and Macao practice on the construction of cross-strait mutual legal assistance personnel repatriation and transfer of sentenced persons tube related criminal legislation. The fifth part puts forward compose to build cross-strait interregional criminal judgment recognition and the executive system, established under certain conditions for mutual recognition of criminal judgement and ruling and tube(return on transfer of sentenced persons) limited recognition principles of criminal judgment.