Prospects for the Operation of China-South Korea International Police Cooperation Mechanism against Crime

• Author: Zhaobin Pei & Yuntong Wu
• Position: Dean and Professor of Marine Law and Humanities College of Dalian Ocean University/Master candidate in Marine Law at Dalian Ocean University
• Pages: 187-215

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Prospects for the Operation of China-South Korea

International Police Cooperation Mechanism against Crime

Zhaobin Pei & Yuntong Wu1

Abstract: At present, the research on international police cooperation is mostly

confined to the field of international relations. Before 2015, the research on international

police cooperation on cross border crimes is few in Chinese Mainland. The range of

activities undertaken is not simply police investigations and information sharing, but

also the influence of national comprehensive and national power on police cooperation.

This paper discusses the police cooperation mechanism between China and South Korea

to combat cross-border crimes as the research object, and focuses on the current

situation, obstacles, and reasons for obstacles, future development and counter-

measures of the police co-operation mechanism. It is time that China should actively

enact relevant legislation, establish domestic legal system on international police

cooperation, take flexible ways to solve the problem of extradition, and establish

bilateral mutual trust and cooperation mechanism.

Keywords: Transnational Crime; Bilateral Police Cooperation; China; South Korea

1. Introduction

With the development of time, cross regional crime and transnational crime have

become a norm, which has brought great challenges to national development. This not

only considers a country’s comprehensive criminal investigation ability, but also

measures a country’s comprehensive national strength. In order to further crack down

on cross-border crimes between China and South Korea and maintain the world order,

the two countries should unite to achieve the best effect. Therefore, it is necessary to

speed up the establishment and improvement of the international police cooperation

mechanism to crack down on cross-border crimes. China has passed through massive

transformation since the Third Plenary Session of the 11th Central Committee of the

Communist Party of China, from a planned to a market economy, and from an economy

that was almost totally closed to one that is much more open than most countries that

are at the same level of income.2 At the same time, there are more cross-border crimes

between China and South Korea. Owing to the influence of some factors such as the

form of consciousness and national interests, as well as the transnational nature of cases,

1 The first author: Zhaobin Pei, Ph.D., Dean and Professor of Marine Law and Humanities College of

Dalian Ocean University; the second author: Yuntong Wu, Master candidate in Marine Law at Dalian

Ocean University. This paper is support by: (1) Chinese National Social Science Fund Project named

“Research on the Construction of Legal Mechanism of International Cooperation in Overseas Recovery

of Stolen Goods with Chinese Characteristics” (NO.17ZDA136); (2) China Hunan Social Science Fund

(NO.19ZDB34).

2 See Jianfu Chen, The Transformation of Chinese Law: Fr om Normal to Substantial, 37(1) Hong

Kong Law Journal 689, 670 (2007).

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evidence and witnesses, it is difficult to effectively govern the cross-border crimes in

China. In order to effectively crack down on cross-border crimes, China should establish

an international police cooperation mechanism and make joint efforts with many

countries. Both China and South Korea are countries deeply affected by cross-border

crimes, and both countries have realized the importance of maintaining security and

reached relevant consensus. Though two countries have achieved certain results in

police cooperation, both countries still have many problems in combating cross-border

crimes.

Before 2015, the research on international police cooperation is mostly confined to

the field of international relations. The research on international police cooperation on

cross border crimes is few in Chinese Mainland. And there is less research on the

mechanism of international police cooperation to combat cross-border crimes between

China and South Korea. The range of activities undertaken is not simply police

investigations and information sharing, but also the influence of national comprehensive

and national power on police cooperation. Therefore, in the process of strengthening

international police cooperation, China should consider not only its own rights and

obligations, but also the relations between cooperating countries and its own country.

Based on the study of the mechanism of combating cross-border police cooperation

between China and South Korea, this paper evaluates the existing mechanism, analyzes

its shortcomings and causes, and puts forward suggestions for improving the mechanism

of police cooperation.

The research on cross-border crimes and international police cooperation has

become a hot academic issue in Chinese Mainland. For example, when it comes to “Fox

Hunt 2014”, Yao Zhang pointed out in the fight against cross-border crimes, Chinese

judiciary often faces various problems. Therefore, people should base on their reality to

further strengthen cooperation with other countries and organizations through

International Criminal Police Organization, to carry out arrest, repatriation and other

activities.3 Other academics such as Yong Pi,4 have focused on comparative studies of

transnational crimes. By studying the differences and similarities of transnational crimes

legislation in different countries, Yong Pi pointed out the problems in China’s

legislation and expounded the conditions and causes of crimes from the perspective of

criminology. Focusing on the countries represented by the civil law system and the

common law system, and learning from the relevant experience by studying the laws of

these countries, so as to draw lessons and avoid detours in the process of development,

it is also helpful to deal with some cases of cross-border crimes in China.

The study of police cooperation in China began in the 1990s, and scholars such as

Dang Xiang have systematically expounded the concept of international police

cooperation to the part in their books. One of them clearly states it is a law enforcement

act of mutual assistance in the punishment of transnational criminal activities in

3 See Yao Zhang, The Plight and Measures of China’s Pursuit of Fugitives abroad from the Fox Hunt

2014, 28 (2) Journal of Hubei University of Police 11, 13 (2015).

4 See Yong Pi, Review on German Cybercrime Legislation under the Background of European

Criminal Law Integration, 24(5) Peking University Law Journal 1038, 1040-50 (2011).