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|Title: ||兩岸共同打擊犯罪及司法互助協議之機制探討 : 以跨境詐欺犯罪偵查為例|
|Other Titles: ||Studying on the mechanism of "Cross-strait Joint Fight against Crime and Mutual Legal Assistance Agreement" : in the case of criminal investigation on cross-border fraudulence|
|Authors: ||楊宗倫;Yang, Tsung-lun|
潘錫堂;郭展禮;Pan, Hsi-Tang;Guo, Jan-Li
|Keywords: ||跨境犯罪;傳統跨境犯罪;新興跨境犯罪;跨境詐欺犯罪;海峽兩岸共同打擊犯罪及司法互助協議;transboundary crime;traditional transboundary crime;emerging transboundary crime;transboundary crime of fraud;Cross-strait Joint Fight against Crime and Mutual Legal Assistance Agreement|
|Issue Date: ||2016-01-22 14:40:32 (UTC+8)|
Since the establishment of PRC government, both sides of the strait are in the status of separation. It is not until 1987 when the R.O.C. government allowed visits to Mainland China that the cross-strait relationship is improved with close contact by both residents.
Based on humanitarian concern, both sides signed Kinmen agreement in 1990 which provides regulation of criminal deportation. At the same time, a platform for mutual cooperation is formed that lays stable foundation for cross-strait consulting mechanism. As a consequence, the door for mutual negotiation is formally opened.
To promote mutual exchange, both governments respectively set up “Straits Exchange Foundation” and “Association for Relations Across the Taiwan Strait”, which act as representative organization for cross-strait negotiation.
With globalization around the corner, crimes evolve into transnational types and cast more harm than traditional criminal activity.
According to the cooperative basis offered by the Kinmen agreement, both sides repeatedly hold negotiation talks in the hope of jointly combating cross-strait criminal activities by setting up cooperative mechanism.
In the first Chiang-Chen talks on June 2008, both sides signed “ Minutes of Talks on Cross-Strait Charter Flights” and ” Cross-Strait Agreement Signed Between SEF and ARATS Concerning Mainland Tourists Traveling to Taiwan” and thus restored systematic mechanism for mutual talks.
In the second Chiang-Chen talks on Nov 2008, both sides signed “Cross-Strait Air Transport Agreement”, ” Cross-Strait Sea Transport Agreement”, “Cross-Strait Postal Service Agreement”, and ” Cross-Strait Food Safety Agreement”. In the talks, the previous two agreements were reviewed, and the arrangement for future negotiation and the ways of member contacts and exchange were also confirmed and strengthened.
In the third round of Chiang-Chen talks on April 2009, “Cross-Strait Joint Crime Fighting and Judicial Mutual Assistance Agreement”,” Cross-Strait Financial Cooperation Agreement” and “Cross-Strait Air Transport Supplementary Agreement” were signed and the consensus about Mainland investment in Taiwan has also been reached.
This research will discuss mechanism establishment of cross-strait crime combating and its effect by collecting, sorting and analyzing related data and official statistics.
In order to strengthen cross-strait mechanism for jointly combating crimes, to curb cross-strait criminal activities and to ensure peoples’ life and property, we hope to offer suggestions for agencies concerned on how to solve the dilemma faced while carrying out policy in the field during the process of sorting, analyzing and comparing related data.
|Appears in Collections:||[中國大陸研究所] 學位論文|
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