淺析簽署海峽兩岸共同打擊犯罪及司法互助協議之影響

• Main Authors: 董裕光, Tung, Yu Kuang
• Language: 英文
• Published: 國立政治大學
• Subjects: 兩岸共同打擊犯罪; 司法互助; cross-Strait cooperation in combating crimes; mutual legal assistance
• Online Access: http://thesis.lib.nccu.edu.tw/cgi-bin/cdrfb3/gsweb.cgi?o=dstdcdr&i=sid=%22G0097925011%22.

This study focuses on the impact of signing " the Agreement on cross-Strait cooperation in combating crimes and mutual legal assistance" between Taiwan and mainland China. It intends to explore motivation and necessity of signing this agreement, the legal issues and operational process of this agreement, the history of cross-Strait cooperation of fighting against crimes and mutual legal assistance, and current status and problems. There are three major parts in this thesis. First, this study defines cross-Strait mutual legal assistance and of cross-Strait crime, confirms its meaning and scope, and then introduces judicial mutual assistance and cooperation in the international society of both sides. It analyzes the situation and trend of cross-Strait crimes, history of cross-Strait cooperation in combating crimes, the existing legal provisions on mutual legal assistance, and difficulties before the signing of the agreement. Secondly, this study introduces the content and effects of this agreement, includes the provisions, the actual operation, the laws related to it, the impact, and follow-up legislation as well as negative criticism. Finally, this study compares the situation before and after the signing of the agreement, understands the real benefits and finding the existing problems, and make evaluations on this agreement.