| The key issue of the system of transnational criminal inquiries contains procedures of obtaining evidence abroad and admissibility of overseas evidence.The procedure of the obtaining evidence mainly refers to procedures of the obtaining evidence abroad,both inside and outside the system of "Mutual Legal Assistance"(MLA).Moreover,admissibility of overseas evidence is evaluated by determining legal basis and reviewing qualification of evidence.The transnational criminal inquiries in U.S.is divided into the traditional one and the new one.The former is mainly for traditional types of evidence such as physical evidence,documentary evidence while the latter is for electronic evidence.The standards of admissibility of foreign evidence in U.S.is lower than that of domestic evidence but they are gradually approaching equal.Meanwhile,it has also provided legislation changes in self-identification of foreign electronic evidence.The transnational criminal inquiries in U.S.has shown the feature of defending judicial interests,coexistence of multiple procedures,lowering the admissibility standard and so on.These features provide references for China to improve the related legislation:first,it is supposed to improve the system of transnational criminal inquiries which is based on the domestic legislation;second,it is supposed to promote the diversity about procedures of transnational criminal inquiries;third,it should also strengthen the rational design of admissibility of foreign evidence.On the basis of discussing basic issues of the system of transnational criminal inquiries,this paper comprehensively uses methods of literature analysis,comparative analysis,historical analysis and other methods to analyze the system design as well as the underlying ideas,combines domestic legislation and practice of the system of the cross-border access to evidence,and finally puts forward some ideas about how to improve the system of transnational criminal inquiries in China.The paper is divided into four Chapters as follows:Chapter I defines the key issue about the transnational criminal inquiries.First of all,the concept of what is the system of the cross-border access to criminal evidence has been clearly defined.Meanwhile,the similarities and differences between the cross-border access to criminal evidence and similar concepts are analyzed.The issue about MLA transnational criminal inquiries and non-MLA transnational criminal inquiries has also been discussed but the former is the main topic.Next,it elaborates two key issues about transnational criminal inquiries and admissibility of overseas evidence.Finally,it emphasizes the value of the transnational criminal inquiries in prosecuting cross-border crimes,ensuring judicial justice and improving legislation in the country.Chapter Ⅱ studies the transnational criminal inquiries in U.S.,which introduces both traditional and new procedures of transnational criminal inquiries.The former contains MLA transnational criminal inquiries and non-MLA transnational criminal inquiries and the latter refers to procedures of the obtaining electronic evidence abroad.The introduction of the traditional procedures is mainly based on laws and regulations about taking U.S.as the requesting country.The introduction of the new procedures explains the process of taking U.S.as both the requesting and requested country.Chapter Ⅲ focuses on the admissibility of foreign evidence in the United States.First of all,summarizing the overall position of the United States in judging the admissibility of foreign evidence,which has adopted a binary distinction that the admissibility standard of foreign evidence is lower than domestic evidence.Then introduce the different manifestations of this overall position in terms of declarative foreign evidence,non-declarative foreign evidence,and electronic evidence abroad Finally,combined with the legislative improvement and judicial precedents of the United States,review the overall position on the admissibility system of foreign evidence and the positions in different types of evidence abroad.Chapter Ⅳ shows some references to China provided by the system of the transnational criminal inquiries in the United States.It also summarizes the feature of procedures of the transnational criminal inquiries and admissibility of foreign evidence in America.It is proposed that China is supposed to focus on domestic interests and enrich types of the transnational criminal inquiries from the aspects of judicial assistance and non-judicial assistance.Besides,taking the characteristic of declarative overseas evidence,non-declarative overseas evidence and overseas electronic evidence into account,it is supposed to build up a reasonable system to evaluate admissibility of foreign evidence and integrate the protection of participants’rights into the system of the transnational criminal inquiries as well. |
