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Research On China-ASEAN Cooperation In Criminal Investigation Of Transnational Crimes

Posted on:2021-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:J H LiuFull Text:PDF
GTID:2506306191997939Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
China-ASEAN cooperation in criminal investigation of transnational crimes is an important part of combating transnational crimes between China and ASEAN,as well as an important part of China-ASEAN cooperation in criminal justice.To strengthen criminal cooperation in non-traditional security fields,China and ASEAN have jointly established a criminal cooperation mechanism to combat transnational crimes,signed legal documents to combat transnational crimes,and carried out a number of joint actions to combat transnational crimes in practice and achieved certain results,thereby enhancing mutual trust.China and ASEAN have the political will and objective conditions for conducting criminal investigation cooperation.However,due to the limited criminal mutual legal assistance treaties signed by China and ASEAN member countries,and the soft law nature of the legal documents signed to combat transnational crime,the investigation cooperation The legal basis is insufficient.At the same time,the establishment of investigation cooperation in the criminal cooperation mechanism is unclear,the absence of specialized agencies for investigation cooperation and the inadequate supporting measures for investigation cooperation have also become prominent issues hindering the smooth development of investigation cooperation between China and ASEAN at this stage.An analysis of the prominent issues in the current investigation cooperation between China and ASEAN from the two dimensions of legal norms and system construction can initially explore the solution path.Promote the signing of the criminal justice assistance treaty between China and ASEAN member states and improve the content of investigation cooperation in the treaty to improve the international legal basis for criminal investigation cooperation between China and ASEAN countries;Supplementary provisions on cooperation in investigation in domestic laws to improve the domestic legal basis for criminal investigation cooperation in transnational crime between China and ASEAN;Clarify the establishment of investigation cooperation in the criminal cooperation mechanism to regulate the development of investigation cooperation relying on the criminal cooperation mechanism;Establish a China-ASEAN investigation cooperation agency to improve the efficiency of investigation cooperation;Improve supporting measures to reduce obstacles in the process of investigation cooperation.
Keywords/Search Tags:ASEAN, transnational crime, investigation of cooperation, the legislation perfect, mechanism construction
PDF Full Text Request
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