试论中国区际刑事司法协助的职能机关

On the Functional Departments of China's Interregional Judicial Assistance in Criminal Cases

在我国,区际刑事司法协助的主体是指内地、香港、澳门、台湾等四个法域,而其职能机关是指具体办理刑事司法协助事务的部门,它不仅限于司法机关,还应包括实际从事区际刑事司法协助活动的其他机关。中国的区际刑事司法协助是一个崭新而复杂的问题。在复合法域刚刚开始形成的背景下,中国区际刑事司法协助职能机关的确定,不仅取决于有关法律的规定,而且取决于实践的发展,并将随着各个法域行政和司法体制的变化而变化。

In China, the subjects of interregional judicial assistance in criminal cases refer to the following four legal districts as Mainland, Hong Kong, Macao and Taiwan, which the functional departments of above assistances refer to those that operate practical judicial assistance in criminal cases. These departments are not confined to judicial agencies, and include others that operate practical judicial assistance in criminal cases. China's interregional judicial assistance is a new and complicated problem. Under the background that composite districts of law comes into being, the determination of those functional departments are decided not only by the related regulations of law, but also by development of practices, and will change with the changing of administration and judicial systems of those districts.