海峡两岸共同打击毒品犯罪之侦查合作研究
发布时间：2018-08-25 20:25
【摘要】： 在全球毒品问题继续蔓延的趋势下,中国大陆与台湾地区面临着严峻的毒品犯罪形势。由于特殊的地缘、人缘关系以及二十年来的交流融合,海峡两岸的毒品犯罪活动相互渗透,跨境毒品犯罪常态化。来自“金三角”、“金新月”毒源地的威胁以及庞大的东南亚毒品消费市场还将继续推动两岸毒品犯罪的发展,而两岸间的“小三通”和正逐步实现的“大三通”在带来更为频繁的经贸往来和文化交流的同时,亦将使跨境毒品犯罪呈现增长加剧之势。要有效遏制毒品犯罪给社会稳定和治安安全带来的危害,两岸警方必须联手合作共同打击毒品犯罪。近年来,海峡两岸警方虽通过问接的途径在打击毒品犯罪方面进行了尝试,但仍面临着一系列的困难,如刑事管辖权的冲突,合作项目太少,尚未建立合作机制等。要突破两岸现有的合作困境,首要应将双方的合作置于一个国家不同法域间的合作框架下进行,即开展区际侦查合作。为此,两岸应建立侦查合作渠道,通过对口联络机构、缉毒联络官以及禁毒执法人员的交流来加强沟通和理解。同时,两岸还应建立共同打击毒品犯罪的侦查合作机制,如毒品犯罪情报交换机制、控制下交付的合作机制、委托调查取证的合作机制、追缴和分享贩毒非法收益的合作机制等。此外,两岸有必要签订关于毒品犯罪的区际刑事司法协助协议,规范双方在侦查合作上的行为,并以此为切入点建立互信基础,积累经验,从而逐步扩大合作范围,至开展全面的区际刑事司法协助。
[Abstract]:In the global drug problem continues to spread, China and Taiwan face a serious drug crime situation. Because of the special geography, the human relations and the exchange fusion in the past 20 years, the drug crime activities on both sides of the Taiwan Strait permeate each other, and the cross-border drug crimes become more and more common. The threat from the "Golden Triangle", the "Golden Crescent" drug source and the huge Southeast Asian drug consumption market will also continue to promote the development of drug crime across the Taiwan Strait. The "small three links" between the two sides of the strait and the "big three links", which are gradually being realized, will bring more frequent economic and trade exchanges and cultural exchanges, and at the same time will also increase cross-border drug crimes. In order to effectively curb the harm of drug crime to social stability and public security, the police on both sides of the strait must work together to crack down on drug crimes. In recent years, although the police on both sides of the Taiwan Strait have tried to crack down on drug crimes through the way of asking and answering, they still face a series of difficulties, such as the conflict of criminal jurisdiction, the lack of cooperation projects, and the lack of establishment of cooperative mechanism, etc. In order to break through the existing difficulties of cross-strait cooperation, the cooperation between the two sides should be carried out under the framework of cooperation between different jurisdictions of a country, that is, to carry out inter-regional investigation cooperation. Therefore, the two sides of the strait should establish channels of investigation and cooperation and strengthen communication and understanding through the exchanges of counterpart liaison agencies, drug enforcement liaison officers and drug law enforcement personnel. At the same time, the two sides should also establish mechanisms for joint investigation and cooperation in cracking down on drug crimes, such as the mechanism for exchanging information on drug crimes, the mechanism for cooperation under control, and the mechanism for entrusting investigations and collecting evidence. Recovery and sharing of illicit proceeds of drug trafficking cooperation mechanisms. In addition, it is necessary for the two sides of the strait to sign an interregional agreement on criminal judicial assistance on drug crimes, to standardize the conduct of both sides in investigation and cooperation, and to use this as a starting point to establish mutual trust and accumulate experience, so as to gradually expand the scope of cooperation. To carry out comprehensive interregional judicial assistance in criminal matters.
【学位授予单位】：厦门大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D631.4
本文编号：2204003
[Abstract]:In the global drug problem continues to spread, China and Taiwan face a serious drug crime situation. Because of the special geography, the human relations and the exchange fusion in the past 20 years, the drug crime activities on both sides of the Taiwan Strait permeate each other, and the cross-border drug crimes become more and more common. The threat from the "Golden Triangle", the "Golden Crescent" drug source and the huge Southeast Asian drug consumption market will also continue to promote the development of drug crime across the Taiwan Strait. The "small three links" between the two sides of the strait and the "big three links", which are gradually being realized, will bring more frequent economic and trade exchanges and cultural exchanges, and at the same time will also increase cross-border drug crimes. In order to effectively curb the harm of drug crime to social stability and public security, the police on both sides of the strait must work together to crack down on drug crimes. In recent years, although the police on both sides of the Taiwan Strait have tried to crack down on drug crimes through the way of asking and answering, they still face a series of difficulties, such as the conflict of criminal jurisdiction, the lack of cooperation projects, and the lack of establishment of cooperative mechanism, etc. In order to break through the existing difficulties of cross-strait cooperation, the cooperation between the two sides should be carried out under the framework of cooperation between different jurisdictions of a country, that is, to carry out inter-regional investigation cooperation. Therefore, the two sides of the strait should establish channels of investigation and cooperation and strengthen communication and understanding through the exchanges of counterpart liaison agencies, drug enforcement liaison officers and drug law enforcement personnel. At the same time, the two sides should also establish mechanisms for joint investigation and cooperation in cracking down on drug crimes, such as the mechanism for exchanging information on drug crimes, the mechanism for cooperation under control, and the mechanism for entrusting investigations and collecting evidence. Recovery and sharing of illicit proceeds of drug trafficking cooperation mechanisms. In addition, it is necessary for the two sides of the strait to sign an interregional agreement on criminal judicial assistance on drug crimes, to standardize the conduct of both sides in investigation and cooperation, and to use this as a starting point to establish mutual trust and accumulate experience, so as to gradually expand the scope of cooperation. To carry out comprehensive interregional judicial assistance in criminal matters.
【学位授予单位】：厦门大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D631.4
【引证文献】
相关期刊论文 前1条
1 许翠华;;海峡两岸毒品犯罪探究[J];江苏警官学院学报;2012年06期
，本文编号：2204003
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