Strait Offenders Transfer System Of The Study

After 60 years'the special-status cross the Taiwan Strait sustaining from 1949, under the reform and opening up of the Mainland, since 1978 and martial law of Taiwan in 1987, frequent disputes and conflicts are derived with the increasing of the people visiting, business and other contacts. The criminals or criminal organizations shuttling between the two sides carry out endless criminal acts. So as to effectively maintain the order of law and protect the civic interests of the two sides, both sides need the judiciary on the basis of equal consultation and gradually established a good mechanism for the fight against crimes.The International Criminal Legal Assistance is one of the judicial activities by acting on certain judicial behalf to support, facilitate, aid between two countries in criminal matters. Although two sides are staying at the special-status across the Taiwan Strait, it is no doubt that Taiwan is part of China from ancient times to nowadays, which is the fact that both sides agreed with. So the relationship between two sides of the Strait cannot be absolutely considered as international legal assistance between the two sovereign countries. At the meantime, Taiwan enjoys special autonomy in District Criminal Legal Assistance of our country, especially for the independent judicial jurisdiction, that is very different from the standard District Criminal Legal Assistance. There is no department or organization can override above the judiciary or judicial systems of the two sides. Therefore, in a word, for the District Legal Assistance in China, there is no precedent to follow in practice.Transfer of criminals refers to the behavior of handing back the criminals imposing penalties under the trail and sentence of one state to the state of nationality to continue serving the sentences in legal assistance activities. Actually, it is a manifestation for recognition and enforcement of the sentences of criminal judgments by another state. The sentencing state transfers the criminals to another country (usually the State of nationality of the criminals) prison that is to enable the criminals in his familiar environment to serve their sentences, and it is relatively easy to obtain the help of friends and relatives, and to eliminate the barriers of serving sentences in foreign countries, different cultural and language, different living habits, and psychological barriers and other difficulties. Although there is no language barrier between the two sides of the issue, both sides can usually communicate in mandarin, for the people of Taiwan or mainland China, serving sentence in the mainland or in Taiwan would create serious senses of loneliness for leaving their home. The living habits are not the same as well. Therefore, the transfer of criminals between the two sides still helps criminals for re-education and self-reforms, and it is beneficial to them to go back to the society and adapt to normal life after his release. It is in line with the humanitarian spirit.Taking the legal assistance in Criminal matters as the starting point, by drawing on the international transfer of criminals between the principles and practices and explaining the current situation of Mainland China and Hong Kong and Macao Special Administrative Region, the thesis explored how to resolve cross-strait problem of the transfer of criminals and then promote the cooperation for cross-strait to fight against the crimes.