隨著兩岸關係密切發展,經貿頻繁交流下,加上電信及金融業自由化所帶來的便利,涉及跨境之犯罪問題逐漸顯現,特別是運用電話、手機、網路等通訊設備及網銀金融轉帳等方式,進行詐欺取財案件屢有所聞,有別於以往傳統詐騙手法,新興電信詐欺大肆橫行於兩岸,並向東南亞地區漫延,成為不同領域的共同犯罪問題,其犯罪手法不斷演進翻新,巧藉各種名目詐騙民眾獲取不法暴利,嚴重影響社會治安,且破壞人與人相處之基本信任,所衍生之治安、司法及主權問題,成為非傳統之國家安全議題。 本研究以國際間之刑事司法互助原則,探討兩岸從以引渡偷渡客為主之「金門協議」,至兼具打擊犯罪與刑事司法互助性質之「海峽兩岸共同打擊犯罪及司法互助協議」所產生成效,並就雙方司法單位所面對機動化、專業化及組織分工化之犯罪集團,在司法、資訊、電信等方面之偵辦重點,並以跨境共同打擊電信詐欺之實際案例,參酌司法院判決,分析現行兩岸共同打擊犯罪機制,提出問題困境及建議,期能提供學術及決策者討論與參考。
With the development of cross-strait relationship, the economic and trade exchanges become frequently. Cross-border crimes have emerged, special in the convenience of electronic communication and financial liberalization. In such situation, Newly Emerging Crime of Telecommunication Fraud has been pervasive and differently comparing former type. The method of committing fraud crime incessant changing its form and spread not only in Taiwan but also to Mainland China and Southeast Asia. It is not a problem of single area. In order to cheating people, their causes are so real and vivid, that spoils each other’s trust and damages social security. The issue involved social security、jurisdiction and sovereignty has become an Non-traditional security agenda. Accounting to international rules on Mutual Legal Assistance in Criminal Matters, this research will discuss from “Kinmen Agreement” to “The Cross-Strait Joint Crime-Fighting and Judicial Mutual Assistance Agreement”, including illegal immigration repatriation, investigation cooperation and judicial assistance in criminal matters. We still want to research the technics in judicature、internet information and telecommunication, when each side of investigation office face the criminal groups which are more clever、professional and organizational than ever. In this paper, the result of sentences are applying in several cross-strait crime-fighting, we found there are still some obstacles need to be resolved. In order to strengthen the mechanism of crime-fighting between Taiwan and Mainland China, this study offers scholars and decision makers some reviewing and resolution advises. Hope it will good for further discussions and consultation.