| 英文摘要 |
Looking back over the past 70 years, cross-strait relations have been tense and moderated for economic, cultural and trade reasons. Any changes that have occurred during this period have been politically affected. In the joint fight against crime, cross-strait relations are also difficult to promote and sustain development. Due to the influence of geo-environmental factors, people's exchanges and economic and trade exchanges between the two sides of the strait have become increasingly close, and cross-border crimes have become increasingly rampant. The two sides of the strait have become breeding grounds for various crimes or hiding places, leading to an increase in the number of criminal suspects and criminal suspects on both sides of the strait, evading judicial prosecution and evading criminal law, causing huge loopholes. It also enables cross-strait security agencies to invest in relevant human and material resources for investigation.
During the split between the two sides of the Taiwan Straits, the " Kinmen Agreement " was signed in 1990, and the " Cross-strait joint fight against crime and mutual judicial assistance Agreement " was signed in 2009. So far, illegal immigrants, suspects or criminals have been repatriated to each other. From a macro perspective, in terms of crime and mutual legal assistance, repatriate suspects, exchange criminal information and intelligence, cross-border case investigations, and even various police exchanges have greatly improved.
Due to the gap between the two sides of the strait, such as the differences in judicial sovereignty, jurisdiction and political ideas, and the fact that the "Criminal Judicial Assistance and Joint Combating Crimes" agreement has not yet been signed, the security problems concerning the cross-strait areas have increased. Moreover, because our non-members of the United Nations are unable to join the UN conventions, when investigating transnational crimes to obtain judicial assistance from relevant countries, it is often impossible to obtain appropriate judicial assistance due to political factors; Criminal mutual judicial assistance treaties or agreements are even more difficult.
The current political stalemate between the two sides of the strait is incapable of recognizing each other’s sovereignty and requesting the other party to pursue a crime. The current diplomatic situation in our country is in a difficult period, and there is no formal diplomatic relations with many countries. Therefore, there is a mutual entanglement in international mutual judicial assistance. The reality is difficult. I hope that the Chinese mainland can also understand the borderlessness of crime, eliminate the political framework, eliminate judicial obstacles, and then formulate pragmatic laws as soon as possible to provide our judicial assistance, which can effectively combat crime and maintain cross-strait social order. |
