| Summary: | 碩士 === 國立中山大學 === 大陸研究所 === 95 === It has been nearly 60 years since the two sides of the Taiwan Strait became two equal entities under divided rule and not subordinate to each other as the aftermath of the Civil War between KMT and Communists. As the Chinese Mainland promoted the policy of renovation and opening in 1978, and the ROC announced the termination of the Period of National Mobilization for Suppression of the Communist Rebellion in 1987, increased contacts and visits by people to each other''s shores and the rapid expansion of cross-strait trade and investment have made civilian exchanges a very important part of cross-strait relations. These exchanges, on the other hand, have led to a number of identified issues, such as the safety of Taiwan residents in the mainland area; the protection of investments by Taiwan businessmen on the Chinese mainland; related customs and tariffs issues; the handling of fishery disputes; the repatriation of illegal entrants and joint efforts to combat crime; as well as mutual assistance concerning judicial matters. Of all these issues, joint efforts to combat crime and mutual assistance concerning judicial matters cannot be left unresolved in a minute in order for the Chinese Mailand and the ROC to supress the crime offense resulted from collusion with gangsters in two sides, Hong kong and Macau, and then to safeguard the residents’ life and property.
From the perspective of legal assistance in criminal matters, the study aims to discuss the issue of the joint efforts from the two sides to fight crime. In the thesis, five chapers are laid out. Chapter One begins with Introduction, delineating research motivation, purposes, design and methods. Chapter Two reviews the major formulation of theories about “Concept of and Reasons about Crime”, “Social Change”, “Social Control”, “Legal Assistance in Crimial Matters”, and “Globalization and Joint Effort to Combat Crime.” Chapter Three focuses on the analyses of types of crime committed on both sides of Strait to probe into the major categorizations of felony for the collaborated offenses in Taiwan and Mainland. Suggestions on preventing crime effectively are also posited in this chapter.
Chapter Four, taking an international perspective, explores the mechanisms of joint effort on cracking down crime and legal assistance in criminal matters. Chapter Five has its ground on the cross-strait relationships, explicating how the both sides of Strait build up the mechansim of mutual assistance concerning criminal and judicial matters, with the foreground of trust and credit. Chapter Six concludes with suggestions for the ROC. While the two sides shelving for the time being ideological conflicts, the government is urged to stand her ground on the Kinmen Joint Agreement and to take the example of The Taiwan frigate deal to adopt effective and pragmatic moves against criminal and judicial matters involving people from both sides through the mutual assistance on individual criminal cases. Through good interaction and trustworthy relation, the ROC and the Chinese Mainland are able to achieve the common goal of joint combat of crime and mutual assistance on judicial branches of the two sides. Only by doing so can the well-being of the people of the two sides be protected, win-win relations achieved, and the security of the Asia Pacific region actually be secured.
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