Research On Mainland China And Hong Kong Corruption Crime In The Criminal Judicial Assistance

To crack down on the crime of corruption is the common goal of judicial organs in mainland and Hong Kong.Both interregional criminal judicial assistance is one of the important means to crack down on the crime of corruption across regions and major way.Both to carry out the corruption crime in the criminal judicial assistance for 30 years,through the communication and judicial organs,and continuous improvement of case investigation mechanism,accumulated relatively rich experience of cooperation,work for judicial assistance further mature and improve,provides the practical basis.Lay down the law is the fundamental guarantee of the mainland and Hong Kong anti-corruption criminal judicial assistance.At present,both judicial assistance work mainly in the form of case investigation,and to carry out the case for investigation of the legal basis and the lack of systematic,operability is not strong.Due to a lack of unified legislation,the scope of judicial assistance,ways,procedures and specific content can be specific,practical case investigation experience also difficult to comprehensive promotion,it seriously restrict the work of corruption crime in the criminal judicial assistance,both influence the effect of corruption crime.To sign the agreement lay down the law is imminent,is urgently needed.Given that both belong to different jurisdictions,there are large difference between legal culture,in a short time,it is difficult to sign system complete helped arrange,can better in practice,the accumulation of experience is relatively abundant,the most pressing areas,of the need of reality and the common consensus,on the basis of first item agreement,after the first hard,steady progress,finally all aspects to formulate the helped arrange again after conditions are ripe,achieve the goal of lay down the law.Due to two different ideas of rule of law,law,Hong Kong from the mainland,in question the witnesses and documentary evidence to be obtained data,captured the criminal suspect,seized by handing over the money involved,etc have more strict rules,it brings to the case for investigation works to carry out many practical difficulties.Criminal judicial assistance work specialization is very strong,the personnel quality request is higher,the judiciary staff level is uneven,the gap is bigger,the lack of professional technical and communication skills,also affect the effect of the case investigation work.In case investigation work,both the judicial organs should abandon the "give priority to with my" wrong ideas,adhere to the basic principle of equal consultation,absorbs the advanced experience of existing international judicial assistance and international treaty,to strengthen the judicial personnel training,flexible use of the legal document to a variety of ways,to simplify examination and approval authority,relaxed way of examination and approval,will be valuable judicial resources from tedious administrative examination and approval,at the same time make full use of the advanced experience of guangdong procuratorial organ judicial assistance work,the procuratorial organs at all levels of criminal judicial assistance in practice exercise and improve the ability and level,thus promote both corrupt crime in the criminal judicial assistance work leapfrog development.