海峡两岸合作打击跨境犯罪研究——以刑事法律制度差异为视角

Research on Cooperation in Combating Cross-Strait Crime——At the Angle of Difference of the Criminal Justice System

两岸刑事诉讼法律制度在罪与刑、证据制度等诸多方面存在差异(或冲突),导致两岸对跨境犯罪的合作打击工作不力,不利于保障海峡两岸人民权益和维护两岸交流秩序。我国大陆地区应当在适合国情的基础上,有效借鉴台湾地区的有益经验,有效解决两岸刑事法律制度冲突。同时,认真贯彻落实《海峡两岸共同打击犯罪及司法互助协议》,逐步制定《区际冲突法》,加强共同打击犯罪及司法协助工作。

There are many differences or conflicts between Cross-strait crime and criminal legal system, such as crime, punishment, and evidence system, and many other aspects of the system, leading to poor work of cross-strait cooperation in combating cross-border crime, which is not conducive to protecting the rights of the people across the Taiwan Strait and safeguarding the order of cross-strait exchanges. China Mainland , on the basis of China＇s situation , should learn effective and useful experience from Taiwan region as well as timely and effectively resolve cross-strait conflict in the criminal legal system. At the same time, conscientiously implement the ＂cross-strait joint fight against crime and mutual legal assistance agreement＇, the progressive development of inter-district conflicts of laws to strengthen the fight against crime and mutual legal assistance work.