Criminal Judicial Mutual Investigation Between The Two Sides Research

To effectively to crack down on criminal offenses on both sides of the Taiwan straits,safeguard of the people on both sides of the life and property safety,maintaining social stability,harmony,on both sides of the Taiwan in April 2009 on both sides signed the "agreement on joint crime and judiciary assistance on both sides of the strait"(hereinafter referred to as the "cross-strait judiciary assistance agreement"),as the basis of the common crime cooperation on both sides.Investigation as an important content of the criminal judiciary assistance on both sides of the,for the two sides can work together to provide a solid guarantee to crack down on crime effectively.Since after signing the judiciary assistance agreement on both sides of the Taiwan across the strait,remarkable achievements were obtained in the cooperation of investigation,but,because the evidence on both sides of the criminal procedure law system is different,lead to in judicial mutual agreement based on investigation of evidence on both sides of the Taiwan straits disputed in the applicable.Evidence as criminal litigation and protect human rights at the core of the soul,settle the conflict of cross-strait mutual investigation in criminal justice,is to promote cross-strait key points of substantive progress was made in criminal judiciary assistance.At present,criminal judiciary assistance in investigation evidence ability,human rights protection,applicable law applicable,evidence collection methods,the problem such as the admissibility of evidence and evidence collection efficiency.The differences on both sides of the criminal evidence system,anecdotal evidence law embodied in Taiwan area,the right of the defendant confronted heckle the safeguard,the interrogation of a criminal suspect,the defendant silence right to inform and right to defense lawyers present,asking the witness procedure and guarantee compulsory investigation measures to judge writ,Chinese criminal procedural law does not have the same rules.Accordingly,on both sides of the criminal procedure law on the rights and interests of criminal suspects,defendants and witnesses are still gaps in security aspect,it is the gap on both sides in forensics to help lead to a lot of conflict.This article also through to the investigation to collect evidence on both sides ofthe criminal judiciary assistance related theory to comb,puts forward the criminal judiciary assistance investigation of current situation and existing problems;On both sides,comparing the differences of criminal suit system to analysis the cause of the investigation to collect evidence on both sides of the conflict;Again the current crossborder criminal judiciary assistance investigation investigation;To draw lessons from the evidence in criminal judiciary assistance investigation,a joint investigation and mutual recognition mode,puts forward the method of criminal judiciary assistance investigation on both sides of the conflict.On both sides in criminal judiciary assistance in the future for investigation of evidence can be clear,play to the substantive value of criminal judicial cooperation agreement on both sides.