碩士 / 國立臺灣大學 / 政治學研究所 / 106 / It has been eight years since Taiwan and China signed and implemented “Cross-strait Agreement on Fight Against Crimes and Mutual Legal Assistance” (hereinafter referred to as the Agreement), and the positive as well as negative results have been there for all to see. The agreement is one of the cross-strait agreements with high satisfaction among Taiwanese people. However, certain challenges during the process of implementing the Agreement also manifest its limitation. This study is, thus, to discuss the negotiating process and pragmatic practice of the Agreement, and also to explore the obstacles the Agreement faced when negotiating and implementing as well as the reasons behind.
There are five chapters in this study. Chapter 1 introduces the motivation as well as value of the research. Chapter 2 demonstrates the negotiation background of the Agreement. This chapter not only explains China and Taiwan’s different position on “One China” principle and “1992 Consensus,” but also shows the differences on political understanding between two governments. Chapter 3 reviews the political stance of three Taiwanese governments from Lee to Ma to analyze the presidents’ influence on negotiation. In addition, this study further reviews the obstacle the Agreement faces and discovers the potential solution through comparing with international multilateral and bilateral agreements on mutual legal assistance. Chapter 4 illustrates the results and limitations of the Agreement by discussing some successful as well as limited cases on cross-strait cooperation. Chapter 5 presents the suggestion and conclusion of the study.
In terms of research method, in addition to reviewing past reference, this study applies two other techniques to focus more on the value of the Agreement and how the Agreement can be perfected. On one hand, this study compares the Agreement with other international agreements to examine how the Agreement dealt with certain professional issues, whether the solution depended on reciprocity and how it could be improved. On the other hand, this study interviews four personnels who had participated the negotiating process or the fight against cross-strait crimes in order to gain more knowledge about the difficulties and first-handed experience of getting along with China.
In conclusion, this study is expected to testify the theory through the practice; after realizing the negotiation process and limitation, this study gives some conclusion. First, the obstacles of the Agreement result from the fact that the Agreement cannot be fulfilled thoroughly. Therefore, following the international agreement to revise the content, to make laws or to achieve the judicial reform are efficient ways to advance cross-strait collaboration. Secondly, even though the content of the Agreement should be further improved, the interruption of the Agreement practice comes mostly from poor political atmosphere among Taiwan and China governments. It is thus clear that cross-strait agreements which based on 1992 Consensus are too vague and fragile, and that mutual trust should be established as soon as possible. Last but not the least, both sides across Taiwan Strait can start communication from existing cooperation mechanism. China and Taiwan should cooperate on the mutual legal assistance issue under the premise of setting aside the controversies and basing on the mutual purpose of fight against crimes effectively. Therefore, the Agreement can achieve its ultimate goal successfully and that will be the result both Taiwanese and Chinese are happy to see.
| Identifer | oai:union.ndltd.org:TW/106NTU05227015 |
| Date | January 2017 |
| Creators | Chia-Ying Tsai, 蔡佳穎 |
| Contributors | 高朗 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 179 |
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