A Study of Cross-Strait Crimes－Taking Fighting Drug-related Crimes as an Example

• Main Authors: Chang,Chung-Lung, 張忠龍
• Other Authors: Chang, Wu-Yen
• Format: Others
• Language: zh-TW
• Published: 2002
• Online Access: http://ndltd.ncl.edu.tw/handle/13006396256707236145

碩士 === 淡江大學 === 大陸研究所 === 90 === Title of Thesis：A Study of Cross-Strait Crimes- Total pages：184 Taking Fighting Drug-related Crimes as an Example　　　　　　　　　　　　　　　　　　　　　　 Key word：Drugs,Drug Offences ,Organized Crime,Transnational Crime,Decriminalization,Predictive Study of Crime, Mutual Legal Assistance in Criminal Matters. Name of Institute：Graduate Institute of China Study；Tamkung University Graduate date：June 2002 Degree conferred：Ｍaster Ｄegree Name of student：Chang, Chung-Lung Advisor：Dr. Chang, Wu-Yen　 張 忠 龍 張 五 岳 博士 Abstract： Crime is an immanent phenomenon, to some degree, it is normal but inevitable one in holistic social activities. The ROC government gradually opens her Mainland policy since 1987, civilian exchange between Taiwan Straits hence has grown extensively and rapidly. Taking advantages of geography, language and culture, China investment has been promoted by enthusiastic Taiwanese businessmen. The booming mutual exchange between Straits certainly has lifted bilateral understanding of education, trade, agriculture and technology; however, it also arouses some traditional crimes such as illegal weapons, drugs, organized crimes, smuggling and some new style crimes. This kind of environment provides a warm bed for organized crimes and causes it a worsening development between Taiwan Straits. The complex situation adding by mutual population flow definitely has deepest impact on our country’s national security, social security, economic development, public health, government financial, etc. Due to the delicate political situation of Taiwan Straits, the international society or political entities on both sides usually focus their attention on the issue of reunion rather on the transnational crimes that possibly would hinder the stability of international community. This paper thus primarily studies on drug-related crimes across Taiwan Straits and try to demonstrate some important issues such as the joint efforts coordinated by both sides of Straits to fight on illegal drugs. This paper also forecasts the possible trends of drug-related crimes when three links of Taiwan Straits build in the future and proposes counter measures and strategies on them. The lack of agreement of fighting on transnational crimes between Taiwan Straits accompanying by the legal and social differences of both sides create a perfect environment for illegal activities. Following by the deepening exchange, speedily change of crime models and the renovating ways of crimes, the drug-related crimes really pose a greater threat on Taiwan’s social security. The political entities of both sides have separately admitted to join World Trade Organization this year. The amount of crime case naturally will increase for the adding frequency of mutual exchange. The purpose of this paper therefore studies on more effective measures to prevent new style drug-related crimes from booming exchange in the future. The present cross-strait crime situation has significant structural changes followed by extensively and deeply mutual exchange. The causes of transnational crimes could not be completely and effectively resolved unless the crimes could be managed through negotiation and coordination mechanism under both governments. Taiwan People’s freedom of drug-related crimes can not be well protected if only relies on Taiwan’s unilateral legal norms and crime-prevention management. The five objectives for this study are as follows: Firstly, studying on the possible impact on drug-related crimes’ development across Taiwan Straits which was caused by the natural difference of legal and social environment of both countries. Secondly, studying on the changing models of drug-related crimes after both political entities’ accessions to the WTO and try to analyze on what aspects of influence the changing crime model will put on our country’s social security. Thirdly, studying on how to adopt an effectively preventive mechanism facing new style drug-related crimes after the implementation of three-links of Taiwan Straits in the future. Fourthly, studying on how the both governments between Straits could work cooperatively to crack down transnational drug-related crimes. Fifthly, proposing constructive suggestions to promote cooperation mechanism of both governments that are reflecting the particular importance of collective efforts on fighting drug-related crimes. This paper focuses on problems of drug-related crimes across Taiwan Straits and forecasts the possible changes after three links build in the future. Also, this paper provides constructive suggestions to relative issues with drug-related crimes. It is consist of six chapters: The first chapter named “Introduction” gives an overall introduction to the research motive, research parameter, structural flow, research methods and the limitations to the research. In this chapter, it presents a literature review on drug-related crimes in recent years and defines the relative terms with regard to this topic. In Chapter two, it introduces the definition of drug-related crimes and the types of drugs. Meanwhile, it reviews the institutional theories of drug-related crimes’ attributions and investigation procedures. It also explores the punishableness of drug-related crimes. In order to find out the trafficking ways of illegal drugs, organizations in charge of trafficking and entering routes for drugs smuggling from Mainland to Taiwan, this chapter makes a comparison on trends of drug-related crimes and further explores their inherent natures of crimes and causes for the drugs abuse. In Chapter three, it tries to do a comparison and analysis on the trends of current drug-related crimes across Taiwan Straits. It is analyzed by experimental approaches and studies on the level of operational ability and effectiveness by comparing prevention strategies on drug-related crimes of both governments. In Chapter four, it forecasts the possible trends, problems and challenges of drug-related crimes across Taiwan Straits after the future three links and based on the environmental factors of drug abuse and social and political-economic factors of drug-related crimes. The reference of this chapter could be applied to construct the joint prevention mechanism on drug-related crimes across Taiwan Straits. In Chapter five, it inducts all research conclusions from above chapters to form final conclusions and suggestions. These suggestions are believed to provide excellent references to draft the counter measures on drug-related crimes and revise current approaches at practice level. Chapter six, Final Conclusions.