Talk About Assistant Investigation Of Criminal Cases Between Chinese Mainland And Taiwan

Since 1949, mainland and Taiwan district (hereafter refers to as "both sides of Taiwan Strait") judicial authority has lacked formal official contact, so up till now both sides haven't set up practical and effective district criminal judicial assistance mechanism. Before two sides sign the criminal judicial assistance agreement of overall district, probing into it theoretically, having it to taking the effective measure, promoting two sides direct contact of judicial personnel, practically launching judicial assistance of criminal cases concerning Taiwan, in order to break through two sides judicial reality of exchange and cooperation difficulty, promote the construction of regional criminal judicial assistance system, have a great realistic meaning for benefiting the compatriots on both sides of the straits, safeguarding the stability of straits, and promoting the peace and development of the cross-Straits relations.Proceeding from the conception of regional judicial assistant investigation, through analyzing the conception, characteristics, necessity, feasibility, existing practice and experience mode of two sides assistant investigation of criminal cases, its major legal problem and difficulty in practice est. theoretically and practically, the text proposes some suggestions on how to strengthen two sides assistant investigation of criminal case cases.This text contains three parts, including foreword, main body and conclusion. The main body divides into four chapters.Chapter one is the conception of two sides assistant investigation of criminal case. This chapter introduces conception and characteristics of regional criminal judicial assistance and two sides assistant investigation of criminal cases. Proceeding from political barrier, legal basis, channel and procedure, the chapter analyses difference of assistant investigation of criminal case between two sides and that between mainland and Hong Kong, Macaw, expounds the complexity and particularity of two sides assistant investigation of criminal case.Chapter two probes into the necessity, feasibility and existing practice of two sides assistant investigation of criminal cases. First, based on the fact that Taiwan is an independent law land, the two sides criminal cooperation is the objective necessity to punctuate crime concerning two sides, and two sides criminal judicial cooperation is complicated and time-consuming, the chapter expounds that the construction of two sides criminal judicial cooperation system needs the practice and study of assistant investigation of criminal case, through which enlarges common understanding and accumulates experience. And then proceeding from the negotiation achievements and theory common understanding, the successful practices of assistant investigation of criminal cases of mainland and Hong Kong Macaw and that of two sides, the breakthrough of mutual approval of legal provisions and approval of the evidential effect of testify documents of the other side, the chapter demonstrates the feasibility of both sides assistant investigation of criminal cases. On this basis, the chapter introduces the repatriation cooperation of transferring escaped convict and the assistant investigation of cases practice, especially, the police cooperation between Fujian province and Taiwan district and the job experience of assistant investigation of criminal cases of the Procuratorate of Fujian Province, comparatively analyzes various concrete assistant investigation modes which develop through practice, then sets the point that the assistant investigation of case mode which is carried out directly by judicial authority on both sides is the main mode of future original judicial cooperation on both sides which should take great pains to carry out.Chapter three analyzes main difficulties and legal problems on two sides assistant investigation of criminal cases. The chapter holds that political factor is the main barrier of assistant investigation of criminal cases, and is also the practical difficulty of two sides judicial exchange and cooperation. At the same time there is also practical limitation to carry out the assistant investigation by nongovernmental organization. Owing to the backward legislation of criminal law concerning Taiwan, there are a series of substantial and procedural legal problems in criminal jurisdiction, including the obscurity of the law land position of Taiwan, the deficiency of the legal position of assistant investigation of cases concerning Taiwan, the difficulty of evidence legalization and the investigation and prosecution of joint crime transnational est.Chapter four puts forward the suggestion of strengthening assistant investigation of criminal cases concerning Taiwan. Though promoting the direct association of judicial personnel, popularizing the successful experience of concerning Taiwan affairs office, persisting in assistant investigation of cases mode with different forms and channel, we should continuously strengthen the exploration and practice of assistant investigation of criminal cases, put forward the establishment of the assistant investigation concerning Taiwan. The chapter stands that proceeding from the implementing principle of one country, two systems, we should unilaterally approve Taiwan independent law land position , speed up the criminal legislation concerning Taiwan, draw up specialized criminal lawsuit procedure, make stipulation on the recognition of evidence got through assistant investigation of cases, and modify some parts of criminal law to admit the efficacy, to modify and perfect the criminal laws concerning Taiwan from the aspects of substance and procedure.