A Study on the Cross-Strait Joint Efforts to Fight Against Cross-Border Crimes: An Analysis of the Systems and Practice
Date Issued
2012
Date
2012
Author(s)
Liao, Fang-Hsuan
Abstract
Abstract
With merely the strait in between, the two sides have special connections in terms of the same language, the same ethnicity and adjacent geographic locations. Hence, even though the two sides have remained antagonistic towards each other and significantly divided in political positions since the separation in 1949, the inevitable communications between the two sides, nevertheless, eventually led to the door being opened up in 1987 when the Taiwan Government began to allow certain residents to visit their families in the Mainland China, and the cross-strait ties have been intensifying over time. Meanwhile, certain criminals have been engaging in cross-border crimes while being able to escape from investigations and law enforcements, taking advantage of certain factors between the two sides of the strait, including the political controversy regarding sovereignty as well as the difficulties in the exchange of intelligence, cross-border investigations and evidence gathering. In addition, new techniques and increasingly complex patterns have been seen in these cross-border crimes, and they have been developing into more and more organized crimes. Furthermore, while some defendants have been convicted of crimes committed in their own country in judgments rendered in their own country, it is not uncommon that such defendants have fled to the territory of the other side and thereby escaped from the judicial efforts in their own country in terms of investigations, trials and enforcements. All such circumstances have caused significant detriment and impairment to the social developments and the maintenance of public security in both sides of the strait. As such, it has already become an irreversible trend for the both sides of the strait to engage in joint efforts to fight against cross-border crimes.
For this purpose, the two sides have set aside the political controversies and engaged in practical negotiations, resulting into the signature of the "Kinmen Agreement" in 12 September 1990 and the signature of the "Cross-Strait Agreement on the Joint Fight Against Crimes and Judicial Assistance". Nevertheless, it is also a matter of fact that the both sides are significantly apart from each other in terms of cultures, legal systems and bureaucratic regimes and are also militarily and politically adversarial. As such, the objective of this thesis is to study how the both sides can effectively fight against and deter cross-border crimes in light of the foregoing circumstances.
Subjects
cross-strait
cooperation
fight against cross-border crimes
Kinmen Agreement
Cross-Strait Agreement on the Joint Fight Against Crimes and Judicial Assistance
Gu-Wang Talks
SDGs
Type
thesis
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