Research On The Judicial Assistance In The Telecommunications Crime Of Fraud Both Sides Of The Taiwan Straits

Nowadays,the telecommunications fraud become a new type of crime in information age with the rapid development of an information society,as well as toward to criminal occupation,corporate,intelligent and trans-nation.In recent years,the cross-strait telecommunications fraud criminal activities is more serious and worse,It has been affected security sense of people on both sides and even social stability.The cross strait judicial authorities have to work together hardly to fight on telecommunications fraud to avoid harm on our social stability and security.So far,the cross strait of Taiwan have signed Cross-strait Joint Fight against Crime and Mutual Legal Assistance Agreement,which guide on criminals repatriation,investigation of cases,joint law enforcement and etc.However,there are still a series of difficulties and problems in practice,especially difficulty on conflict of criminal jurisdiction,penalty legislation for fraud crime,judicial system difference,investigation on cases,evidence collection,criminals arrest,recovering illicit money,property execution,the suspect repatriation in the third district and etc.Different viewpoint and system is the important reason of block to cross strait telecommunications fraud criminal judicial assistance cooperation.To be succeed on judicial cooperation and release difficulty when proceed,firstly both sides of the Taiwan Straits have to work in a country but different regions and go on the inter-regional criminal judicial assistance.Generally,we should foothold on Cross-strait Joint Fight against Crime and Mutual Legal Assistance Agreement,basic consideration the inter-regional criminal judicial assistance between Guangdong province and Hongkong special administrative region and understand well the new trend of cross-strait telecommunications fraud criminal activities.For purpose of improving the legislation for cross-strait telecommunications fraud crime,resolving the conflicts of judicial jurisdiction,standard the proof collection and evidence,better joint law enforcement,expand the way for contact establish legal institution for suspect repatriation in the third district and etc.All in all,the legal assistance will be better and best.