海峡两岸有组织犯罪之应对研究

A Response to Organized Crime on Both Sides of the Taiwan Strait

海峡两岸文化互通的亲缘关系与位置相邻的地缘特点,使得两岸有组织犯罪在一定程度同源性基础上,成为各自发展过程中相互影响与促进的重要力量,并呈现时代背景下"去暴力化"发展的新样态。然而,海峡两岸在法律规制与专项行动等应对策略上的局限造成各自有组织犯罪的治理成效不足,同时政治因素的影响与法律制度的差异造成两岸打击合力的制度性构建欠缺,对跨海峡两岸有组织犯罪的共同应对与治理乏力。所以,应以构建常态治理体系为指引,完善法律规范、化解法律冲突,以功能性合作为路径,对海峡两岸警务合作之成效与经验予以吸收和整合,在直接联系渠道与警务合作模式的制度化建构方面深入探索,推进海峡两岸在打击有组织犯罪方面深化合作,共同维护两岸社会的和谐、安宁。

Both sides of the Taiwan Strait have cultural connections and similar geographical characteristics due to the adjacent locations, which makes the organized crime on both sides of the Taiwan Strait become an important force to influence and promote each other in their development process on the basis of a certain degree of homology and presents a new pattern of "de-violence" development against the background of the times. However, the limitations of legal regulations and special actions of both sides of the Taiwan Strait have resulted in the insufficient effectiveness of the governance of organized crime. Meanwhile, the influence of political factors and the differences of legal systems have resulted in the lack of institutional construction of joint efforts to combat cross-Strait organized crime and weak joint response and governance. Therefore, cross-Strait cooperation on fighting against organized crime should be enhanced, following the guiding principle of developing a normalized governance system, by taking measures such as improving legal norms, resolving conflicts of laws, and promoting functional cooperation, based on the integration of existing experience of cross-Strait police cooperation, and fully exploring the possibility of establishing direct contacts and institutionalizing the police cooperation models, so as to jointly safeguard the stability of cross-Strait society for harmony and peace.