论两岸司法互助协议的基本特点

Basic Characteristics of Cross——Strait Fighting Together against Criminals and Judicature Mutual Aid Agreement

2009年4月26日,两岸签署了《海峡两岸共同打击犯罪和司法互助协议》,创造性地规定了两岸共同打击犯罪和司法互助的新模式,协议的内容和形式都有诸多创新性规定。协议的签署标志着两岸共同打击犯罪和司法互助迈入常态化、法制化轨道,对我国区际刑事司法协助理论和实践具有深远影响。

In 26th, April, 2009, the two sides signed ＂Cross-Strait Fighting Together against Criminals and Judicature Mutual Aid Agreement＂, which provides a new mode of cross-strait common fight against crime and mutual legal assistance, the content and format of the agreement has many innovative provisions and the signing of the agreement also mark that combating crime jointly and mutual legal assistance among the two sides walk into the normalization and legalization orbit. This agreement will have far-reaching effects on criminal theory and practice of China＇s inter-district judicial mutual aid. This article will study the agreement from the characteristics of the nature of the agreement and the main features of the agreement.