自民國76年政府開放民眾赴大陸探親以來，兩岸關係邁入新的里程碑，之後雖受李登輝、陳水扁兩任總統不同的大陸政策影響，雙方縱然在軍事、外交層面歷經緊張情勢時期，但在共同打擊跨境犯罪合作議題上，卻不曾停下腳步，民國79年簽訂之「金門協議書」，作為兩岸遣返違反有關規定進入對方地區人民、刑事犯及嫌疑犯之用，開啟共同打擊犯罪協議及刑事司法互助之門，接著第三次江陳會正式簽定「海峽兩岸共同打擊犯罪及司法互助協議」，據此建立雙方在打擊跨境犯罪合作機制，不致因法律問題致執法過程中產生灰色模糊地帶，而予犯罪者僥倖心理從事不法活動。但往往「道高一尺，魔高一丈」，兩岸犯罪者因雙邊打擊跨境犯罪合作機制日趨成熟，犯案的空間受到壓縮，開始轉往第三地發展，此時法制基礎不建全、地廣人稀、政府行政效能不彰、貪瀆情形嚴重及與華人素有歷史淵源之東南亞諸國即成為首選之地。 1997年亞洲金融風暴，中國固守人民幣匯率的政策，某部分穩定了亞洲的金融秩序，對於東南亞地區的經濟安定有一定程度的正面幫助，這被視為中國與東南亞關係發展的轉捩點，東協在該年年底邀請中國、日本、韓國召開首次「東協加三」會議，正式開啟了其在東南亞區域居於領袖地位的時代。大陸與東南亞各國的交流層面是既深且廣，合作的議題除了傳統軍事外交，在非傳統安全領域，也提供東協國家各項協助。反觀臺灣在東協支持「一中政策」的影響下，始終無法突破與該地區各項交流合作關係。如今兩岸關係趨穩，雙方均認知到除了經濟議題外，在打擊跨國犯罪方面，同樣悠關人民切身利益及社會安定，亦屬可以建立共識相互合作的優先工作，因此本文研究目的，即希望了解兩岸在東南亞地區跨國犯罪現況、雙方偵辦情形、面臨的困難，以及建立兩岸與第三國司法互助合作機制可行方案。 / Since the government began to permit the public to visit relatives in Mainland China in 1987, the cross-strait relations have entered into a new milestone. Although both sides still confront and compete against each other in military and diplomatic aspects, they never stopped cooperating with each other on the issue of jointly fighting cross-border crime. The execution of the Kinmen Agreement in 1990 and the Agreement on Joint Cross-Strait Crime-Fighting and Mutual Judicial Assistance executed during the third round of Chiang-Chen Talks has established the cooperative mechanism between both sides in fights against cross-border crimes. Cross-strait criminals began to move their bases to Southeast Asia because the cooperative mechanism in bilateral cross-border crime fighting has grown mature and the place for crime has been limited. The relations between Mainland China and Southeast Asian countries are deep and extensive in many facets. On the contrary, under the influence of the support of the Association of Southeast Asian Nations for the “One China Policy”, Taiwan is unable to make any breakthrough in interactions and cooperative relations with that area. As the cross-strait relations have become stable, both sides acknowledge that, in addition to the economic issues, the fight against transnational crime is equally of great concern to the interests of people and social stability, and could be the priority to establish the consensus between both sides and cooperate with each other. Therefore, the objective of this research is to understand the current situations of the cross-strait transnational crime in Southeast Asian area, the investigations conducted by both sides and the difficulties faced by them, and to establish practical solutions for cooperative mechanism in mutual judicial assistance among Mainland China, Taiwan and a third country.

The thesis investigates the extent to which cross-border taking of evidence in civil and com-mercial matters in relation to Switzerland, South Africa, Botswana, Namibia, Nigeria, and Uganda is allowed. Such evidence-taking is not only governed by the domestic law of the state seeking evidence abroad and that of the state where the relevant means of proof are located, but also by public international law, and more specifically by the concept of sovereignty. The ad-missibility of the cross-border taking of evidence under public international law depends on whether or not evidence-gathering in civil litigation is regarded as a judicial act, which violates sovereignty when performed on foreign territory, or as a purely private act. In the first case, the evidentiary material has to be obtained through channels of international judicial assistance. Such assistance can either be rendered based on the basis of an international treaty, or through courtoisie internationale. No international judicial assistance is necessary in cases of a so-called “transfer of foreign evidence”, provided no compulsion is applied which infringes the sovereignty of the foreign state. The thesis analyses the taking of evidence abroad based on the Hague Evidence Convention, and the Hague Procedure Convention. It further expounds how evidence located in Switzer-land, Botswana, Namibia, Nigeria, and Uganda can be obtained for the benefit of civil proceed-ings pending abroad in the absence of any relevant international treaty. The thesis also exam-ines under what conditions a litigant in civil proceedings in the aforementioned countries may request evidence to be taken on foreign soil. The position of cross-border taking of evidence in civil and commercial matters in the said countries is assessed, and suggestions are made on how such status quo may be improved. The thesis makes an attempt to establish the basic prin-ciples for a convention on evidence-taking in civil and commercial matters between South Af-rica, Botswana, Namibia, Nigeria, and Uganda. The development of such principles, however, is only possible once the similarities and differences in the procedure for the taking of evidence and the means of proof in the relevant laws of the aforesaid countries have been identified. / Public, Constitutional, & International / LL.D.

Univ., Diss.--Regensburg, 2005. / Literaturverz. S. 186 - 198.

The thesis investigates the extent to which cross-border taking of evidence in civil and com-mercial matters in relation to Switzerland, South Africa, Botswana, Namibia, Nigeria, and Uganda is allowed. Such evidence-taking is not only governed by the domestic law of the state seeking evidence abroad and that of the state where the relevant means of proof are located, but also by public international law, and more specifically by the concept of sovereignty. The ad-missibility of the cross-border taking of evidence under public international law depends on whether or not evidence-gathering in civil litigation is regarded as a judicial act, which violates sovereignty when performed on foreign territory, or as a purely private act. In the first case, the evidentiary material has to be obtained through channels of international judicial assistance. Such assistance can either be rendered based on the basis of an international treaty, or through courtoisie internationale. No international judicial assistance is necessary in cases of a so-called “transfer of foreign evidence”, provided no compulsion is applied which infringes the sovereignty of the foreign state. The thesis analyses the taking of evidence abroad based on the Hague Evidence Convention, and the Hague Procedure Convention. It further expounds how evidence located in Switzer-land, Botswana, Namibia, Nigeria, and Uganda can be obtained for the benefit of civil proceed-ings pending abroad in the absence of any relevant international treaty. The thesis also exam-ines under what conditions a litigant in civil proceedings in the aforementioned countries may request evidence to be taken on foreign soil. The position of cross-border taking of evidence in civil and commercial matters in the said countries is assessed, and suggestions are made on how such status quo may be improved. The thesis makes an attempt to establish the basic prin-ciples for a convention on evidence-taking in civil and commercial matters between South Af-rica, Botswana, Namibia, Nigeria, and Uganda. The development of such principles, however, is only possible once the similarities and differences in the procedure for the taking of evidence and the means of proof in the relevant laws of the aforesaid countries have been identified. / Public, Constitutional, and International / LL.D.

The thesis investigates the extent to which cross-border taking of evidence in civil and com-mercial matters in relation to Switzerland, South Africa, Botswana, Namibia, Nigeria, and Uganda is allowed. Such evidence-taking is not only governed by the domestic law of the state seeking evidence abroad and that of the state where the relevant means of proof are located, but also by public international law, and more specifically by the concept of sovereignty. The ad-missibility of the cross-border taking of evidence under public international law depends on whether or not evidence-gathering in civil litigation is regarded as a judicial act, which violates sovereignty when performed on foreign territory, or as a purely private act. In the first case, the evidentiary material has to be obtained through channels of international judicial assistance. Such assistance can either be rendered based on the basis of an international treaty, or through courtoisie internationale. No international judicial assistance is necessary in cases of a so-called “transfer of foreign evidence”, provided no compulsion is applied which infringes the sovereignty of the foreign state. The thesis analyses the taking of evidence abroad based on the Hague Evidence Convention, and the Hague Procedure Convention. It further expounds how evidence located in Switzer-land, Botswana, Namibia, Nigeria, and Uganda can be obtained for the benefit of civil proceed-ings pending abroad in the absence of any relevant international treaty. The thesis also exam-ines under what conditions a litigant in civil proceedings in the aforementioned countries may request evidence to be taken on foreign soil. The position of cross-border taking of evidence in civil and commercial matters in the said countries is assessed, and suggestions are made on how such status quo may be improved. The thesis makes an attempt to establish the basic prin-ciples for a convention on evidence-taking in civil and commercial matters between South Af-rica, Botswana, Namibia, Nigeria, and Uganda. The development of such principles, however, is only possible once the similarities and differences in the procedure for the taking of evidence and the means of proof in the relevant laws of the aforesaid countries have been identified. / Public, Constitutional, & International / LL.D.

The thesis investigates the extent to which cross-border taking of evidence in civil and com-mercial matters in relation to Switzerland, South Africa, Botswana, Namibia, Nigeria, and Uganda is allowed. Such evidence-taking is not only governed by the domestic law of the state seeking evidence abroad and that of the state where the relevant means of proof are located, but also by public international law, and more specifically by the concept of sovereignty. The ad-missibility of the cross-border taking of evidence under public international law depends on whether or not evidence-gathering in civil litigation is regarded as a judicial act, which violates sovereignty when performed on foreign territory, or as a purely private act. In the first case, the evidentiary material has to be obtained through channels of international judicial assistance. Such assistance can either be rendered based on the basis of an international treaty, or through courtoisie internationale. No international judicial assistance is necessary in cases of a so-called “transfer of foreign evidence”, provided no compulsion is applied which infringes the sovereignty of the foreign state. The thesis analyses the taking of evidence abroad based on the Hague Evidence Convention, and the Hague Procedure Convention. It further expounds how evidence located in Switzer-land, Botswana, Namibia, Nigeria, and Uganda can be obtained for the benefit of civil proceed-ings pending abroad in the absence of any relevant international treaty. The thesis also exam-ines under what conditions a litigant in civil proceedings in the aforementioned countries may request evidence to be taken on foreign soil. The position of cross-border taking of evidence in civil and commercial matters in the said countries is assessed, and suggestions are made on how such status quo may be improved. The thesis makes an attempt to establish the basic prin-ciples for a convention on evidence-taking in civil and commercial matters between South Af-rica, Botswana, Namibia, Nigeria, and Uganda. The development of such principles, however, is only possible once the similarities and differences in the procedure for the taking of evidence and the means of proof in the relevant laws of the aforesaid countries have been identified. / Public, Constitutional, and International / LL.D.

Pas de résumé / Doctorat en droit / info:eu-repo/semantics/nonPublished

Univ., Diss.-2006--Köln, 2005. / Literaturverz. S. XXVII - LVI.

Univ., Diss--Bern, 2007.