| 摘要: | 隨著全球化趨勢的快速變遷，國際間相互依賴程度與日俱增，全球化風險社會的形塑，已不可避免，導致國與國間敵友關係變得模糊，影響國家安全的議題，從過去以政治、軍事為主的傳統安全概念，轉發展為廣泛性的非傳統安全思維，毒品問題尤為突出，包括毒品生產、販運、銷售的國際化等是日益嚴重，不僅已對個人及家庭造成傷害，且結合相關聯的各類刑事犯罪，侵噬社會的安定、安全，戕害國家整體安全，更對全球環境、人類生存形成威脅，而國際社會對解決跨疆界、全球性議題所面臨的複雜度和困難度，顯非單一國家、單一力量所能應付與處理，亟須與其他行為者（國家）共同合作，建立有效的治理機制，以遏制毒品犯罪氾濫，兩岸社會與人民同受毒品犯罪的衝擊，導致社會治安與人民財產無可衡度的危害，要如何在既有相關協議規範下，擱置主權爭議、摒除意識形態藩籬，建構兩岸合作打擊毒品犯罪的互信基礎、作業模式及治理機制等，以突破僵局、追求雙贏，應是當前兩岸合作共同打擊犯罪所刻不容緩待突破的課題所在。
本論文係在全球化發展趨勢下，探討毒品犯罪對國際社會及兩岸所造成的危害，期自國際反毒3公約就防制毒品犯罪的治理概況，結合治理理論、信任理論及信心建立措施理論，以比較中國大陸及我國對毒品防制的策略、法制與現況等，探討在與國際接軌及已簽署《海峽兩岸共同打擊犯罪及司法互助協議》基礎上， 建立互信、合作與共同打擊毒品犯罪的可行性模式，內容主要為：第一章緒論，敘明本論文之研究動機、目的、架構與研究限制等，並定義相關名詞；第二章就相關文獻與理論等，作專節探討；第三章係探討全球毒品氾濫的危害、毒品分布、販運概況及國際社會防制毒品犯罪問題所為策略、公約與作法等；第四章是探討兩岸關於毒品防制的策略、法制及現況等；第五章則探討兩岸關於合作打擊犯罪的基礎與發展；第六章係以法務部調查局所推動兩岸合作打擊毒品犯罪的實務作個案研究；第七章結論，係就兩岸合作打擊毒品犯罪之發展，提出研究心得與建議，盼能提供有關單位用為政策擬定之參考。
全球毒品犯罪氾濫促使國際社會各成員國間須加強對毒品犯罪防制的合作關係，兩岸當無法置身事外，而信任建立對於犯罪率的遏制扮有重要角色，兩岸互信的建立，沒有時間表、也不會有終點限制，互信程度愈堅定、穩固，兩岸當局經由和平發展以解決政治問題就愈具信心，也可從容、自信地面對內部挑戰，更對兩岸合作共同打擊毒品犯罪起關鍵性的助益；《兩岸共同打擊犯罪及司法互助協議》的簽署，已為兩岸共同打擊毒品犯罪與司法互助開啟合作之門，縱使還存有些許窒礙協議執行的不利因素，但經由制度化協商機制的化解，及透過可能互設辦事機構的串接，再藉由人員互訪、任務座談等機會，增進人員與機關間對反毒價值的認同，用共識拉近彼此距離，整合相關聯繫管道，應可提高毒品犯罪情資交換、案件偵查（辦）的合作、效率與正確性，漸進式增進互信關係的踐履，當可提供為兩岸劃破政治僵局、建立政治互信的重要經驗，從而共構雙方互信、互惠、互利及和平的新局，維護兩岸交流秩序，確保兩岸人民應有權益、福祉，共創政府與民間的雙贏，應為兩岸人民企盼之所冀。
In the wake of rapid changes brought about by globalization, the international community has grown increasingly more interdependent, and the risks globalization poses to the very fabric of society can no longer be avoided. This in turn has caused the hostile or amicable nature of relations between countries to become less clear-cut and has affected issues of national security, bringing about a shift from the traditional past focus on the government and the military as the mainstays of national security to the development of a broadly non-traditional thinking about security. The problem of illegal drugs is especially pressing: it includes the increasingly more pronounced internationalization of production, trafficking, and sales of illegal drugs that has already caused such harm to individuals and families, and also brought with it all manner of crimes, eroded the stability and safety of society, and damaged the integrity of national security. Moreover, the problem of illegal drugs has become a threat to the environment and to the survival of humanity, while the complexity and difficulty of resolving trans-border and globalized issues is such that they are clearly beyond the power of one country or one effort to resolve. They urgently require the cooperation of other nations and the establishment of effective governmental mechanisms to contain the proliferation of drug-related crime. The societies and peoples on both sides of the Taiwan Straits both suffer from the impact of drug-related crime, which has caused immeasurable harm to public safety and private property. The questions of how, under the terms of existing agreements, both sides are to set aside their subjective disputes, remove ideological barriers, and lay the foundations for mutual trust and cooperation to enable Cross-Strait action against drug-related crime, what form this task should take, and what governmental mechanisms are needed so that obstacles to its foundation can be overcome and a policy of benefit to both sides of the Straits can be enacted, are issues that those currently working together to take action against Cross-Strait drug-related crime must urgently face.
The present paper investigates the harm caused by drug-related crime to the international community and to both sides of the Taiwan Straits under the effects of the trend toward globalization. It seeks to combine the governmental framework of the three major international agreements on the prevention of drug-related crime with theories of governance, theories of trust, and theories of confidence-building measures, in order to draw comparisons between Taiwan and Mainland China in terms of their respective policies, laws, and current realities of drug prevention. It takes as a basis for its investigations the extent to which these policies, laws, and current realities are in accord with those of other nations and with the previously signed Cross-Strait Joint Crime-Fighting and Judicial Mutual Assistance Agreement, and proposes a viable method for combating drug-related crime based on cooperation and mutual trust. The major sections of this paper are as follows: Chapter 1 serves as an introduction, detailing the motivations, purpose, outline and limitations of the present study, as well as defining key terms; Chapter 2 serves as a review and discussion of the relevant literature and theory; Chapter 3 explores the harm caused by the global proliferation of illegal drugs, the conditions of their distribution and trafficking, and the policies, agreements, and laws of the international community on the problem of the prevention of drug-related crime; Chapter 4 discusses the policies, laws, and current realities of preventing drug-related crime on the two sides of the Taiwan Straits; Chapter 5 investigates the basis for and development of cooperation on fighting crime between Taiwan and Mainland China; Chapter 6 takes as a case study the measures for Cross-Strait cooperation on fighting drug-related crime implemented by Taiwan’s Ministry of Justice’s Investigation Bureau; Chapter 7 serves as a conclusion, and gives the results of the study regarding the development of Cross-Strait cooperation in combating drug-related crime as well as suggestions for future action and research, in the hope of providing competent authorities with a reference to use in deciding on future policies.
The global proliferation of illegal drugs has increased the urgent need for members of the international community to strengthen their cooperative relationships for the prevention of drug-related crime. Taiwan and Mainland China cannot be exceptions, and the foundation of mutual trust plays an important role in containing the crime rate on both sides of the Taiwan Straits. The establishment of such a foundation does not have a fixed schedule, nor is it under the restrictions of a bottom line. The stronger and more stable their mutual trust is, the greater the faith both sides of the Taiwan Straits can rightly have in resolving their political issues through peaceful development. Mutual trust will also enable both sides to unhurriedly and confidently face internal challenges, which is another key benefit of cooperating and working together to combat drug-related crime; the signatories to the Cross-Strait Joint Crime-Fighting and Judicial Mutual Assistance Agreement have already opened the door for cooperation in the fight against drug-related crime and the provision of judicial mutual assistance. And although there still remain several factors militating against the implementation of the agreement, by resolving them through carefully controlled negotiations and through the concerted efforts of those Cross-Strait organizations that can cooperate for mutual benefit, in addition to the exchange of personnel and the holding of talks between both sides, we can advance a mutual agreement between personnel and organizations of the value of the War on Drugs and use this common vision to bridge the divide between both sides—through the use of all of these means of communication. We can also increase the exchange of information about drug-related crime, cooperation on investigating (prosecuting) cases, and the efficiency and accuracy of the effort to combat drug-related crime, using a gradual approach to increasing the practices characteristic of mutually trusting relationships. In this way, we provide a method for both sides of the Taiwan Straits to overcome their political differences, and gain the important experience of establishing a politics based on mutual trust. Through this mutual trust, both sides can also create mutual benefits and a new era of peace, preserving the conditions for Taiwan and Mainland China to continue working together and ensuring the rights and interests for the people on both sides of the Straits. In this way, a win-win situation for the governments and the private sectors on both sides of the Straits will be created, satisfying the aspirations of their people. |
