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目前鉴于两岸处于严重对立之中,官方沟通渠道十分不畅,而民间交往与经贸关系却日益频繁的情况下,两岸犯罪分子或犯罪组织穿梭于两岸之间实施犯罪行为,危害两岸人民的生命、财产和社会安全。同时,还利用两岸这一微妙关系规避刑事追究。为了有效地惩罚犯罪,确保两岸法律秩序和公民利益的切实维护,两岸司法机关有必要在平等协商的基础上,求同存异,逐步建立两岸的刑事司法协助关系。而两岸近年来的一些司法合作先例业已证明,两岸开展司法联系和互助是可行的。例如,1990年9月两岸红十字会组织在金门达成相互遣返偷渡者、刑事
At present, given that the two sides of the strait are in serious antagonism and the official channels of communication are not smooth and the nongovernmental exchanges and economic and trade relations have become increasingly frequent, criminals and criminal organizations across the Taiwan Strait shuttle between the two sides of the strait to commit crimes and endanger the lives of people on both sides. Property and social security. At the same time, it also uses the delicate relationship between the two sides of the Strait to evade criminal prosecutions. In order to effectively punish crimes and ensure the effective maintenance of the legal order and civil interests on both sides of the Strait, it is necessary for the judiciary on both sides of the Strait to seek common ground while putting aside differences and gradually establish cross-Strait criminal justice assistance relations. The precedent of some judicial cooperation between the two sides of the Taiwan Strait in recent years has proved that it is feasible to establish judicial contact and mutual assistance across the Taiwan Strait. For example, in September 1990 the cross-Strait Red Cross Organization reached a mutual repatriation of illegal immigrants in Kinmen, criminal