The Agreement on Cross-Strait Cooperation in Combating Crimes and Mutual Legal Assistance between Taiwan and China―A Case Study of Repatriating Taiwanese Prisoners / 「海峽兩岸共同打擊犯罪及司法互助協議」的檢討與策進研究∼以臺籍人犯的遣返為主

碩士 / 國立臺灣大學 / 國家發展研究所 / 105 / The patterns of cross-strait exchanges increase gradually owing to its frequent economic activities and changes of cross-strait relations. However, it triggers many legal disputes and cross-border crimes due to its lack of cooperation in combating crimes and mutual legal assistance between Taiwan and China. As a result, China has become a so called “paradise” for those Taiwanese prisoners who tried to hide and evade their criminal responsibilities. However, a new page of the cross-straits cooperation in combating crimes and mutual legal assistance has turned when an Agreement on Cross-Strait Cooperation in Combating Crimes and Mutual Legal Assistance between Taiwan and China has been signed on April 26th, 2009.
Only a few study shed a light on repatriating Taiwanese prisoners with empirical analysis of factors affecting repatriation. Thus this study aims to discussing the potential factors, in which affect China’s authorities in repatriating Taiwanese prisoners. This study focus on estimate whether “affecting factor” plays the key role in succeeding repatriate Taiwanese prisoners, and the influence degree of “general level” and “individual level” variables.
This study uses the concepts of “Social Capital Theory” and "Social Harm Theory" to examine “general level” and “individual level” variables. Furthermore, this study also adopts several approaches including historical approach, empirical study approach, and institution study approach respectfully to examine the situation of Taiwan authorities in repatriating Taiwanese prisoners with the following research methods: literature discussion method, secondary data method, comparative analysis method, and survey research method.
Finally, the findings of the study reveal which “affecting factors” are related to the successful cases of Taiwanese prisoners’ repatriation. Moreover, this study also points out the main predicament in the issue of Taiwanese prisoner repatriation from the author’s point of view. In hope for increasing the success rate of prisoner repatriation, the author also suggests several policies as references for further discussion as well as for those related authorities in Taiwan.

Identiferoai:union.ndltd.org:TW/105NTU05011019
Date January 2016
CreatorsPei-Lun Hung, 洪培倫
Contributors周繼祥
Source SetsNational Digital Library of Theses and Dissertations in Taiwan
Languagezh-TW
Detected LanguageEnglish
Type學位論文 ; thesis
Format155

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