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A Study Of Criminal Judicial Assistance System Across The Straits

Posted on:2018-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:S LiFull Text:PDF
GTID:2416330566499820Subject:Law in Practice
Abstract/Summary:PDF Full Text Request
In the context of the rapid development of cross-strait relations,the deepening of economic and trade exchanges and frequent contacts,judicial departments of two sides of the Taiwan Straits have cooperated and cooperated in various ways.It is of great significance to jointly punish crimes against crime,maintain social order in their respective jurisdictions,ensure the legitimate rights and interests of the people on both sides of the strait.Especially the "Cross-strait Joint Crime and Mutual Legal Assistance Agreement" signed in April 26,2009 in Nanjing has a milestone significance to establish a pragmatic and effective fight against cross-border crime and mutual legal coordination mechanism.From this aspect,the effect is quite obvious and positive.However,we should see that there is still a need to identify the nature of the provisions of the above-mentioned cross-strait agreements on joint crime and improve new dilemmas on the present of cross-strait co-operation against crime,no matter in the aspect of specific system and mechanism design or judicial practice.Therefore,this article will combine the new situation and problems to analyze the shortcomings and deficiencies of jointly combating crime on the cross-strait agreement,and standardize in the future the law application on both sides of the "investigation and evidence collection","crime transfer","criminal transfer",which should refer to the interregional criminal justice assistance of other countries in the world and the literature and research results of interregional criminal justice assistance between the Mainland and Hong Kong and Macao,or learn from successful Mainland and Taiwan police cases as typical examples.This article will deeply research the new and innovative practice,and then make recommendations,which helps to make the implementation of mutual legal assistance system more stable and mature.
Keywords/Search Tags:Cross-strait, Criminal justice assistance, Investigation and evidence collection, Transfer of crime evidence, Transfer of criminals
PDF Full Text Request
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