Research On Cross-border Investigation Cooperation In The Context Of The Belt And Road Initiative

The effective response and governance of regional security issues under "the Belt and Road" framework initiative is not only a necessary guarantee for the smooth progress of "the Belt and Road" construction,but also an integral part and connotation of "the Belt and Road" cooperation itself."Area" initiative as the biggest range is proposed in the regional cooperation,covering a wide range,involved in many countries,combined with the open nature of the cooperation system,regional heterogeneity characteristics significantly,and the dynamic development,makes the region face more complex and serious risk of non-traditional security and international crime threat.From globalization of crime or non-traditional security from the theoretical perspective of transnational crime,regional countries are at risk in the fate of the objective form of community,and the solution of the concept of "community" response to crime and system construction is a pressing reality demand,investigation of collaboration among the countries in the way is a targeted and effective.However,the construction of the international system based on the traditional "Westphalian" theory makes the states judicial and investigation power reflect the absolute nationalistic concept,which affects and detemines the state actors'willingness and performance in international cooperation.The limitations of traditional western theories of international relations and governance have caused obstacles to international cooperation and global governance.At the same time,limited by the simple homogeneous cooperation and interest cooperation from the perspective of traditional Western theories of international relations,it causes the lack of subjective will and stability of cooperation among countries in cross-border investigation cooperation affairs,and forms the current situation of the lack of breadth and depth of investigation cooperation affairs objectively and lack of institutionalization and systematization.The degree of heterogeneity among countries within the framework of "the Belt and Road"actually increases the degree of uncertainty,which makes it difficult for regions to jointly cope with risks and crack down on crimes.The Belt and Road Initiative is guided by the values and practices of the Community of Shared Future for Minkind.It embodies the concept of a new type of international relations featuring win-win cooperation and the concept of global governance featuring extensive consultation,joint contribution and shared benefits.It includes the methodological approach of mutual respect and seeking common ground while shelving differences based on philosophical thinking of harmony without diversity.In this paper,research on investigation of cross-border collaboration with "the Belt and Road" as the framework of cooperation is not only the simple physical delimit the scope of cooperation,the framework within the scope of regional security and crime threat reality demand direct response,more important is the connotation and practice all the way to "area" initiative in the theory of the Community of Shared Future for Minkind values and methodology system of active choice,namely to contain the Community of Shared Future for Minkind of community concept,value and goal of theoretical system support of choice,the direction of socialist construction and to further promote cooperation practice to construct the human fate community goals.At the same time,with the Russian federation,central Asia and southeast Asia and other key state of surrounding area as the investigation of cross-border collaboration system building,the first is in line with the "area" progressive nature and practical path choice of cooperation,the second is based on the surrounding area in the core position in the "area" construction and close contact with the Chinese on the geopolitical,in a joint should have more realistic urgency on security issues,and is China again and the surrounding area has a relatively rich in regional cooperation in exploration and formed some advantages,including security cooperation within the framework of the Shanghai cooperation organization of exploration and practice,Meeting with BBS mechanism of china-asean framework and the Mekong sub-regional safety law enforcement cooperation mechanism,China and Russia on the border policing cooperation exploration,etc.,in the "area"concept under the guidance of cooperation,the existing system and mechanism of absorption and integration,is not only the way,will push deeper cooperation to have more as "area" framework demonstration effect of the regional cooperation system and important value.Is focused on the "area" framework surrounding area category,cross-border investigation of collaborative development is affected by the foundation of international relations and the legal system of macro system and the specific differences between countries affect and restrict,reflects the collaboration concept under the influence of the difference between a lot of practical difficulties,present the fragmentation and distributed the institutional cooperation,long-term and systemic lack.In order to obtain more supply and choice of international security cooperation and judicial and police co-operation to carry out and practice mode,including the Shanghai cooperation organization,cooperation mechanism,the lancang-Mekong river basin related cooperation mechanism,the European Union police integration development,pattern types and the advantages of the results were analyzed and compared,and combining with the connotation of the "area" initiative,and the surrounding area reality,according to the characteristics and requirements,different regions with layered,partition and multi-level governance idea as the guidance,in the context of China fully rely on existing mechanisms based,framework and advantages of proper reference and innovation,and further deepen and perfect,To better deal with security risks and criminal threats,different patterns and levels of "investigation cooperation area" should be formed.This is also consistent with the pragmatic and developmentoriented path of the "One Belt And One Road" initiative,which pays more attention to the integration and optimization of the existing mechanisms.The paper will sort out the current situation and problems of investigation cooperation between China and neighboring countries and try to provide ideas for the construction of regional investigation cooperation system under the guidance of the connotation of "the Belt and Road" initiative and the theory of "A community of Shared Future for Mankind".Specifically,the paper is divided into five chapters:The first chapter is an overview of cross-border investigation cooperation under the background of "the Belt and Road" initiative.It mainly includes four parts:basic theory,operational basis,practical demand and theoretical basis of cross-border investigation cooperation.Based on the analysis of investigation cooperation and related concepts,the connotation category of cross-border investigation cooperation is determined,and the subject composition and object category of cross-border investigation cooperation are determined.The cooperation of cross-border investigation is based on the legal system and cooperation mechanism platform,including international law and domestic law,and relying on the existing global,regional and bilateral mechanism platform.Under the background of "the Belt and Road" initiative,there is an urgent practical need to carry out cross-border investigation cooperation,which is not only an integr "the Belt and Road" initiative,but also a need to deal with the development of crime globalization and a need to break through the traditional investigation mode.In terms of theoretical basis,China's new type of international relations theory is the basis for cooperation,the theory of a community with a shared future for mankind is the leading concept and value system as well as the construction goal,and the innovation of multi-level governance theory in the Chinese context is the path guide.The second chapter analyzes the current situation and difficulties of cross-border investigation cooperation under the background of "the Belt and Road" Focusing on the scope of China and neighboring countries,this paper analyzes the common security and crime problems and the investigation cooperation between China and The Russian Federation,central Asia and Southeast Asia respectively,and summarizes the common features and existing problems among the three regions.On this basis,the Chinese national investigation for cross-border collaboration with the surrounding areas of dilemma with macro and overall restriction factors and micro,concrete realistic difficulties of two parts in the system analysis,among them,the basic role of international relations,between countries political,economic,cultural,religious and other macro system difference,specific investigation on cross-border collaboration of the difference of legal system development plays a whole role,and embodies the real difficulty is in the differences between the concept of collaboration and cooperation platform collaboration mechanism,intelligence sharing,forensics,abroad investigation form,technology and talent security problem.The third chapter,from the perspective of comparative study,investigates and analyzes the modes of international security cooperation,judicial and police cooperation.Mainly to select a representative of the Shanghai cooperation organization,the lancangMekong river cooperation,law enforcement and security cooperation,integration of the European Union commissioner of the Mekong river basin development cooperation mechanism,respectively on the establishment and development of cooperation mode,operation and characteristics,analyze the achievements of their advantages and disadvantages,and the split of the cooperation mechanism elements and comparison,more intuitively grasp the nature of the state and forming mechanism of all kinds of cooperation mode.Precipitation in the pattern contrast,on the basis of the advantages of all kinds of cooperation mechanism element factor and reasonable ingredients,combine the nature of the "area" initiative cooperation with the core,reasonable choice mechanism of existing framework,based on the achievements of advantage for improving and optimization,expanding and deepening,etc.,forming different areas around China investigation cooperation system builds specific route.The fourth chapter elaborates on the construction ideas of cross-border investigation cooperation under the background of "the Belt and Road" initiative,mainly involving the overall macro guidance and construction of concepts,principles,framework,etc."Area"initiative collaboration builds background investigation should take in order to win-win cooperation,seek common ground while shelving differences,global rule of law,the concept of science and technology innovation system as the guidance,to international law in the sense of respect for state sovereignty,the principle of equality and mutual benefit,and principles of dual criminal investigation cross-border collaboration areas,specific crime such as cooperation principle,the principle of allowable punishment as a principle to follow.In the construction of the framework,guided by the theory of multi-level governance in the Chinese context,a multi-level and multi-regional complex construction path was established,and a three-dimensional framework of horizontal and vertical dimensions was built.In the horizontal level,divided into China and Russia in the surrounding areas of northwest China,central Asia and China with the surrounding areas in southwestern China,in southeast Asia including China and Russia,central Asia,on the sco framework,build the sco framework investigation cooperation zone,relying on the Lancang-Mekong Cooperation between China and southeast Asia,and absorb the law enforcement and security cooperation mechanism of the Mekong river basin;In the aspect of vertical stratification,in addition to the participation of international organizations and state actors,the participation of sub-state actors in border area cooperation is particularly important,so the construction of border area investigation cooperation area as the third level.The fifth chapter is the concrete construction of cross-border investigation cooperation under the background of ""the Belt and Road" initiative.International relations play a leading and basic role in restricting the development of investigation cooperation.Relying on the high-level meetings of existing multilateral leading institutions and bilateral high-level exchange visits,it enhances mutual political trust,constructs the collective identity of a community with a shared future,and maintains and optimizes the benign development of international relations in the region.Taking the cooperation area as the specific unit,this paper lays a foundation for the institutional construction and smooth operation of the investigation cooperation within the framework of "the Belt and Road" initiative through the construction and improvement of the legal system system of the cooperation area,the construction and optimization of the coordination organization and the police cooperation institution,the supply of technology and the cultivation of talents.It not only pays attention to the construction of multilateral cooperation mechanism and unified system in the cooperation area,but also pays attention to the enrichment and improvement of bilateral cooperation,and the two promote each other and complement each other,so as to construct a systematic and multi-level investigative cooperation framework pattern in the region.