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    Please use this identifier to cite or link to this item: http://tkuir.lib.tku.edu.tw:8080/dspace/handle/987654321/73761

    Title: 從第三次江陳會論兩岸共同打擊犯罪與司法互助
    Other Titles: Discuss cross-strait jonit crime-fighting and mutual judicial assistance from the third Chiang-Chen Talks
    Authors: 吳鑑麒;Wu, Chien-Chi
    Contributors: 淡江大學中國大陸研究所碩士在職專班
    潘錫堂;Pan, Hsi-Tang
    Keywords: 海峽兩岸第三次江陳會;共同打擊犯罪;司法互助;The third Chiang-Chen Talks across the Strait;joint crime-fighting;mutual judicial assistance
    Date: 2011
    Issue Date: 2011-12-28 17:01:50 (UTC+8)
    Abstract: 2009年4月26日第三次江陳會談,兩岸雙方在南京簽署《海峽兩岸金融合作協議》、《海峽兩岸空運補充協議》、《海峽兩岸共同打擊犯罪及司法互助協議》等3項協議,本論文研究動機與目的,兩岸共同打擊犯罪及司法互助協議已簽署,外界質疑兩岸簽署協議的效用不彰,最重要是對於這些指標性經濟犯罪遣返問題未能立竿見影。
    The third Chiang-Chen talks were held at Nanjing on April 26,2009 and the two sides signed three Cross-strait Agreements on cross-strait financial cooperation, regular cross-strait flights,and cross-strait joint crime-fighting and mutual judicial assistance. The purpose of this essay is focusing on the society is querying the efficiency of the agreement after the Cross-strait Agreements on cross-strait joint crime-fighting and mutual judicial assistance was signed, especially thedeficiency of representing economic criminal repatriating problem.
    Recently, lots of fraud cases occur across the strait, causing many civilians were swindling out of their saving. Our public security institution wonder the possible cross-strait cooperation and evidence sharing such as money tracking or saving account providing for us crackdown the crime when there is any major fraud, corruption, money-laundering, or significiant crime occur. This research verifies the practical protection of cross-strait joint crime-fighting and mutual judicial assistance for prople’s life, property and their rights on the basis of the contents of agreement and related statistics.
    The government of mainland China is perplexed the economic criminals abscond to Europe or USA, referring to the mainland is negotiating extradition treaty with Association of Southeast Asian Nations, Europe, and USA. In addition, the mainland Promulgated No.4 “additional regulations about the People''s court approves civil judgment of the Taiwan court,” affecting capitally the validation of cross-stait civil judgment.
    This essay is inducted from the background and history of international judicial assistance and discuss the pattern of international judicial assistance. Futhermore, analyzes the contents of cross-strait joint crime-fighting and mutual judicial assistance agreement and offers suggestions for reference. At last, comparing the differences of cross-strait criminal system, discuss the problem of mutual acception across the strait in order to reach the goal of thoroughly cross-strait mutual judicial assistance.
    Appears in Collections:[中國大陸研究所] 學位論文

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