On Criminal Investigation And Evidence Collection Of Cross-strait Mutual Legal Assistance

For fighting with increasing cross-strait crime problems,Chinese mainland and Taiwan have built systematic cross-strait mutual legal assistance by signing agreement.Investigation and evidence collection plays an vital role in criminal procedure and it's one of the most important items in criminal mutual legal assistance.But the item has generated numerous conflicts in implementing the agreement and linking up with both sides' evidence rules.It is a great pushing for cross-strait mutual legal assistance to study on investigation and evidence collection with its current situation,existing problems and possible solutions.This paper is divided into four chapters.Chapter 1 is introduction of cross-strait mutual legal assistance,which must be studied under a national sovereignty context.By introducing the cross-strait joint fight against crime and mutual legal assistance agreement and related judicial explanation and judicial document promulgated by two sides,we can get a general knowledge of cross-strait mutual legal assistance and it supports for later analysis.Chapter 2 focuses on evidence rules of two sides and cases.Legal assistance has to come up with the link of law and procedure between the strait.Comparing both sides'legal provisions,we find that there are considerable difference in evidence system and other rules,bringing difficulties for practical operation of mutual assistant discovery.By collecting and studying related cases,it highlights the core conflicts and problems demanding prompt solution.Chapter 3 is further discussion about the problems discovered in previous chapter,including low presence of cross-strait witnesses,and the controversy caused by admitting records of testimony and the difficulty to choose applicable law.Find out the main reasons and underlying reasons of low presence of cross-strait witnesses.Summarize the disputes of the admissibility problems of records of testimony acquired by assistance procedure in Taiwan and the reasons why the issue has not caught much attention in the mainland.Analyze the difficulty to choose applicable law and scholars'opinions.Chapter 4 is some suggestions to previous problems.With the jurisdiction to 47 countries in Europe,the European Court of Human Rights has dealing with disputes of mutual legal assistance cases by considering the individual rights protection and it takes good examples for cross-strait mutual legal assistance.As for the suggestions for the improvement of cross-strait mutual criminal investigation,One is perfecting the current mutual legal assistance mechanism,adding more details to the framework.The second is to improve the criminal law,to narrow the gap of the criminal law of both sides step by step,which is not only conducive to solve the discovery difficulties of mutual legal assistance,also helps to improve the legal institutions level of both sides.