Filling blind spots in the international enforcement of criminal law among countries without diplomatic ties.

详细信息   

• 作者：Tseng ; Peter Kuo-Sen.
• 学历：D.P.A.
• 年：2013
• 导师：Meek, Jack,eadvisor
• 毕业院校：University of La Verne
• ISBN：9781303197741
• CBH：3571009
• Country：USA
• 语种：English
• FileSize：4433251
• Pages：218

文摘

Purpose. This study sought to identify blind spots in the international enforcement of criminal law and loopholes resulting from the exclusive policy toward non-UN members in the UN criminal justice system. Specifically, the researcher explored the current responsive operational models of the Republic of China Taiwan) and four other purposefully selected representative countries. The intended result was to integrate disparate works into a study on process-based theoretical organizational behavior and collaborative networks and then to develop a practical and innovative model to better manage international enforcement activities in criminal law among countries without diplomatic ties and contribute to global security. Theoretical Framework. The main theoretical foundations of this study included the network theory, Frederickson&rsquo；s public administrative conjunction theory, and the circle of public network management collaboration. Other referenced theories are the open systems theory and the game theory. Methodology. This study adopted a qualitative design and case study approach. Utilizing both purposive and snowball sampling methods, the study entailed a cross-national research project with 22 qualitative interviews of law enforcement officials from the Republic of China Taiwan) and four other selected representative countries. Additional participants from nongovernment organizations NGOs) were included for cross-checking and triangulation. Major Findings. On the legislation related to extradition and mutual legal assistance in criminal matters, this study found that there are three types of legislation in practice: treaty based, domestic law based, and general principle based with consular efforts. The study&rsquo；s findings significantly exemplified network and Frederickson&rsquo；s public administrative conjunction theory by revealing seven types of responsive network solutions. The seven types of administrative solutions and remedies for each of the negative factors were explicitly discussed in the findings of the study. Conclusions and Recommendations. The study&rsquo；s findings concluded that the creation of successful bilateral networks on the research topic involved three key elements: intergovernmental networks, collaborative management strategies, and network management activities. The threefold interactive model designed by the researcher was illustrated and recommended to serve as a guideline and checklist in actual practice. The researcher also recommended 18 responsive solutions to enhance collaborative networks and achieve the desired outcome of international criminal justice among countries without diplomatic ties.