Research On The Investigation And Evidence Collection System Of Mutual Assistance In Criminal Matters In Japan

The report of the 19th CPC National Congress reflected the determination of the state to further advance the anti-corruption legislation and bring to justice.The investigation and evidence collection system of mutual assistancein criminal matters(hereinafter referred to as the evidence collection system of mutual assistance)is one of the important institutional safeguards against corruption and international pursuit.The development of the evidence collection system of mutual assistance in China is relatively slow.Domestic legislation is very fragmented.Special legislation is limited to the The Law of People’s Republic of China International Mutual Assistance in Criminal Matters(Draft)that has just been released recently(hereinafter referred to as the Mutual Assistance Law(Draft)).China and Japan are neighbors.They have not stopped learning from each other for thousands of years.The evidence collection system of mutual assistance in Japan is earlier and its development is relatively mature.It can provide some references for the improvement of the evidence collection system of mutual assistance in China.This article will study the evidence collection system of mutual assistance in Japan from the perspective of comparative law.Specifically,it consists of four parts:The first part of the article is the basic theory of the evidence collection system of mutual assistance in criminal matters by using literature analysis methods to focus on the analysis of relevant literature in China.First of all,it summarizes the concept and classification of mutual assistance in criminal matters.In addition,it introduces the main content and basic principles of the evidence collection system of mutual assistance.The second part is the norms and procedures for Japan to investigate and collect evidence as the requested country.The same literature analysis method was used to analyze the relevant legal literature in Japan.After introducing Japanese international and domestic legal norms for the investigation and evidence collection system as the requested country,the process of Japan as the requested country assisting other countries to investigate and collect evidence is shown in the form of a flow chart,and an evaluation is made on it.The third part is the norms and practice for Japan to investigate and collect evidence as the requesting country.The case analysis method is mainly used.The Lockheed case Xiao Sano division and the Fukuoka Extermination Massacre are chosen.The case facts,lawsuits,and case studies of the latter are highlighted.From the judgments of the courts and the discussions of scholars,this essay explores the specific practice when Japan is deemed as the requesting country to request for assistance in obtaining evidence.The fourth part is the enlightenment of the evidence collection system of mutual assistance in Japan and adopts a comparative analysis method.Firstly,it briefly outlined the evidence collection system of mutual assistance in China.Secondly it makes concrete comparisons between the evidence collection system of mutual assistance in China and Japan from the perspectives of legal norms,investigation and evidence collection procedures as well asthe admissibility of evidence,which provides suggestions for the improvement of the evidence collection system of mutual assistance in China.