应对跨境文物犯罪中的警务合作探讨——以内地与香港间的文物走私犯罪为对象

内地文物非法跨越边境向香港流出,是一个值得关注的问题。文章回顾了100多年来内地与香港间文物走私演变过程,指出其严重性和危害性。在分析两地警务合作的基础上,指出双方在刑事法律规定、刑事司法实践上存在的问题和刑事司法合作落后于经贸文化合作、刑事司法协助及警务合作协议缺位的现状,进而提出了完善双方警务合作,包括应对两地间文物走私犯罪的对策,认为凝聚共识是前提,适时修法是基础,商签协议是关键。

Discussion on Policing Cooperation in Replying to Cross-border Relics Crime——With Relics Smuggling between Mainland and Hong Kong as Object

The outflow of relics from inland to Hong Kong illegally is remarkable.The paper reviewed the developing process of relics smuggling between inland and Hong Kong in the past century and pointed out its seriousness and harm.The paper also pointed out some problems in both criminal regulations and criminal justice practice.On the basis of analyzing the policing cooperation between inland and HongKong,the author pointed that criminal justice fell behind the cooperation on business and culture and the lack of criminal justice assistance and policing cooperation agreement is the present situation.The improvement of mutual policing cooperation is advised here,which includes the countermeasures to relics smuggling between inland and Hong Kong.Consensus is the premise.Timely amendment on regulations is the basis.Agreement signing is the key.