The Research On China’s Interregional Judicial Assistance In Criminal Matters

With the return of Hong Kong and Macau and the establishment of direct postal, air and shipping services and trade between the two sides, exchanges between the four jurisdictions in all aspects are expanding increasingly, mutual visits of people are promoted as well; however, Cross-border crimes are of frequent occurrence. Now there exists a problem that how to make the judicial assistance in punishing the criminal between the four jurisdictions go on wheels to be solved urgently. On the one hand, the differences of legal and judicial system between them have brought about conflict and reunification opp to them; on the other hand, at the moment the judicial assistance treaty between our four jurisdictions are numbered; all these are bringing a great deal of difficulty to them and as a result they have a lot difficulty in their judicial cooperation. Therefore, it is particularly important to improve the legislation, so that our interregional judicial assistance in criminal matters go on wheels.Firstly, this paper made a brief statement of our interregional judicial assistance in criminal matters. In this part I mainly discussed its origin, connotation, basic principles and its main content. Secondly, I made an investigation on the inter-regional judicial assistance of several typical foreign countries, for example, the United States and Australia in anglo-american legal system and Germany in continental law system; Then I made some analysis and evaluation on it. Thirdly, I analyzed the present situation of our interregional judicial assistance in criminal matters and I also laid special stress on analyzing the plight we are facing now in our judicial practice. Finally, I analyzed the necessity of ordering our interregional judicial assistance in criminal matters and I also made a macro thinking on how to make it standardized; then I analyzed the modes that we should choose to regulate our interregional judicial assistance in criminal matters;on these basis, I put forward some measures of regulating our interregional judicial assistance in criminal matters.