A Study On Criminal Case's Investigation Mechanisms Involving Hongkong And Macao

The return of Macao and Hongkong in nearly twenty years,the relationship between the mainland and Hong Kong and Macao become more closely.The cooperation in political, economic and cultural area has also been promote to all-round,the personnel and material exchanges are increasingly frequent.At the same time, transboundary crimes between the mainland and Hong Kong has become more and more severe.The crime of smuggling, drug crime, corruption and bribery, money laundering, telecommunications fraud and etc. in the mainland and Hong Kong and Macao are showing multiple trend.And transboundary crimes develop to the network and intelligent.It brings more challenge to combat transboundary crimes.Because the mainland and Hong Kong and Macao belong to different scopes of law and legal system,different legal systems make the criminals with luck,at the same time brought great obstacles to the investigation of transboundary crimes.In background of China has not yet established effective interregional criminal judicial assistance mechanism.Since the beginning of 1980 s,the mainland procuratorial organs and the judicial organs of the Hongkong and Macao began a beneficial attempt in joint operations andtransboundary crimes investigation etc.Through continuous practice, improve and perfect,It has formed a set of effective mechanisms for investigation of the case,and also achieved positive results.However, as the case investigation mechanism under the three judicial tradition promote with understanding and cooperation,lack of standardization and institutionalization,in practice, the procuratorial organs are still cumbersome procedures, long period, investigation and taking of evidence is difficult.This paper investigates the procuratorial organs involving Hong Kong and Macao criminal case investigation history, operation effect and practice problems,put forward suggestions to solve the dilemma,in order to improve the application of the prosecution case investigation mechanism,before the signing of the mainland and Hong Kong and Macao interregional criminal judicial assistance agreement,provide positive and effective cooperation for mainland prosecutors to combat transnational crime involving Hong Kong and macao.In addition to introduction, the text is divided into three parts:The first part is the basic condition for the procuratorial organs involved in criminal case investigation by the Hong Kong and Macao.Discusses from thehistory and status of the procuratorial organs of criminal investigation of cases.Procuratorial organs of involving Hong Kong, Macao and assistant investigation of criminal cases at the beginning of the eighties of the 20 th century, only for the cooperation and development of the crime of bribery and corruption to the current is not limited to a certain type of crime and investigation cooperation mechanism.Experienced the experimental stage, stage of exploration and development cooperation deepening stage.After the mainland procuratorial organs and Hongkong Macao years of cooperation investigation experiences,procuratorial organs involved Hong Kong and Macao case investigation by the duty crime expanded to cross-border Telecom fraud crime, the crime of smuggling and drug crime cases.And with each period facing problems,the mainland and Hong Kong and Macao in the procuratorial organ specific cooperativeinvestigation content also formed a unified consensus.The main content investigation of cases is:Intelligence trends in information communication and referral, hunted down the escaped prisoner, investigation and evidence collection, recovered the stolen money. Investigation of cases in the mainland procuratorial organs to combat transnational crime involving Hong Kong and Macao has played a very active role obviously.The second part is the existence of the prosecution case investigation mechanism problems and reasons.Case investigation mechanism in the practice in played a positive role at the same time, because of non system and non system and the mechanism, such as differences in the legal system between the mainland and Hong Kong and Macao, and three legal concept of different, resulting in procedure of investigation carried out less smooth.The absence of agreement of the interregional judicial assistance in criminal cases, the investigation of cases the lack of institutionalization and routinization of protection,Facing the cumbersome procedures of examination and approval of investigation and evidence collection, witness' s unwilling, the main information of criminal suspects, access difficulties, and that the evidence in the judicial practice in the use of also exist some obstacles, such as identifying transcripts into use and demonstrate the legitimacy of the witness readme, to mainland procuratorial organs bring some confusion, cannot meet the combat needs of Hong Kong and Macao cross-border crime related, to deal with the complex, diversification, incremental development of Hong Kong and Macao cross-border crime involving obstacle.The third part is the suggestions of prosecution case investigationmechanism.Sign an agreement to promote the interregional judicial assistance in criminal cases, the case investigation mechanism of the content of standardization and legalization;simplify request approval procedures, skills and Strategies of investigation and evidence collection and take flexible transfer testimony from a witness, a clear verbal evidence of transfer procedures;through alternative method to seek financial data and establish a common criminal information and intelligence network, simplifying the physical evidence of the query;According to the criminal law of the mainland and Hong Kong and work habits, set a unified overseas forensics obtained evidence;finally, strengthening the exchanges and mutual trust between the mainland and Hong Kong and Macao, continue to deepen the reform of the procuratorial organ in mainland China and Hong Kong and Macao between the mutual case assistance talks mechanism.The scope of law legal system to deepen cognition on problems in practice and experience, to reach a consensus in theory,To carry out law enforcement inspection and training,take the accumulation of practical material for the perfect case investigation mechanism of procuratorial organs.