A Contingency Approach to the Effectiveness of the Mutual Legal Assistance — A Case Study of Cross-Border Policing

• Main Authors: Chyung-Wen Sheu, 許瓊文
• Other Authors: Sheng-Hsiu Chiu
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/hrm8fm

碩士 === 中央警察大學 === 外事警察研究所 === 106 === AbstractIn cross-border law enforcement, most countries would like to choose to join international organizations formally or to sign bilateral or multilateral treaties as the main channels for cooperation. Although it is difficult for Taiwan to break through the international community's doubts about her sovereign status, Taiwan still actively seeks to establish various forms of cooperation with other countries.This research intends to use the "contingency theory" in the administrative science to analyze Taiwan’s current international cooperation channels in order to find the ways that are significantly effective in cross-border law enforcement cooperation and can solve the types of crimes frequently occurring in Taiwan.In this study, literature analysis and secondary data analysis were used to probe into predecessors' experience, literature, official published data as well as newspaper articles. The following results were found:1. Due to geographical relations, Southeast Asian countries and mainland China are often the locations for hideaways or crimes for fugitives.2. Taiwan's cross-border law enforcement cooperation methods vary from country to country. Taking Southeast Asian countries as an example, Taiwan sent police liaison officers overseas to establish long-term cooperation tacit understanding, while cooperation with mainland China is often disturbed by political factors.3. Fraud and drug crimes are the reasons why Taiwan often engages in cross-border law enforcement cooperation with the international community. We urgently require domestic sources to legislate and rule the prevention of fraud and drug crimes from infecting the international community. To sum, the researcher proposes the following suggestions in order to improve Taiwan's effectiveness in combating international crimes: 1. It is imperative for the police authorities to establish a more cost-effective international cooperation model for combating cross-border crimes. They must also actively participate in international law enforcement networks.2. The legislature should strengthen legislation and formulate the "International Law on Mutual Legal Assistance" as a weapon and support for the police in cracking down on cross-border crimes.3. The police authorities should seek for competent countries that have practical needs in combating cross-border crime cooperation, and mutually improve their cross-border enforcement expertise.Keywords: cross-border law enforcement cooperation, contingency theory, mutual legal assistance