Coordinated laws vital to combating cross-border crimes

Cross-border telecom scams and other criminal cases in Myawaddy, a border town in Myanmar close to Thailand, which is known for scam networks, have highlighted the complexity of cross-border crimes, underscoring the importance of coordinating China's rule of law with foreign-related legal frameworks to handle foreign-related matters.

Although legal systems built on the traditional concept of sovereignty can extend their reach through the extraterritorial application of domestic laws, their actual effectiveness in other sovereign states depends on consultation and cooperation mechanisms between countries.

The proliferation of cross-border crimes in many regions is largely due to the exploitation of the differences in the laws and legal concepts of sovereign states by cross-border gangs.

Differences in laws and legal concepts refer to the collective social understanding of the harm caused by specific behaviors and governance goals. For instance, different countries interpret human trafficking differently, and different countries have different laws on fraud, human trafficking and drug smuggling, and some jurisdictions may not criminalize fraud cases involving foreign victims.

The effectiveness of law enforcement depends on a country's political system, power structure, and the quality, capability and practice of law enforcement, as well as judicial personnel. In northern Myanmar and its border areas with Thailand, the presence of multiple political forces has resulted in uneven law enforcement mechanisms, leading to a lack of unity and stability and undermining efforts to combat cross-border crimes in such regions.

The persistence of cross-border crimes such as telecom scams has significant implications for regional stability and China's border security. Telecom scams not only violate the legitimate rights and interests of Chinese citizens but also facilitate related crimes such as money laundering, drug trafficking and human trafficking.

The illegal cross-border movement of people involved in telecom frauds poses a serious challenge to China's border management and may cut across cross-border ethnic and religious issues, potentially affecting China's political and ideological security. Therefore, establishing a long-term mechanism to address cross-border crimes is essential.

First, China and neighboring countries affected by cross-border crimes should consider creating a coordinated framework for regional legal cooperation. For example, a multilateral treaty addressing specific types of cross-border crimes could be signed under the Lancang-Mekong cooperation framework, with the treaty making clear the obligations and action plans for participating countries, including political measures and legal reforms, to establish a universal standard for evaluating and combating cross-border crimes.

Besides, China could sign bilateral agreements with countries where cross-border crimes are prevalent, in order to address issues such as the punishment or extradition of Chinese suspects, and the protection of Chinese victims.

Second, China's Criminal Law provides for various jurisdictional models, including territorial, personal and protective jurisdiction, laying the legislative foundation for the extraterritorial application of its laws. However, specific mechanisms to ensure the extraterritorial enforcement of these laws need to be strengthened.

China should also seek to align its legal framework with those of other countries in terms of jurisdiction. By interpreting the connection between different legal systems, China should expand the normative basis for the extraterritorial application of its laws without requiring extensive legal amendments. It could also enhance its influence and judicial credibility in the region through high-level exchanges, strategic cooperation agreements and capacity-building initiatives.

And third, when perpetrators of cross-border crimes abroad are repatriated to China, the country's Criminal Law and Criminal Procedure Law should serve as the basis for prosecuting them for the crimes they committed overseas. But since much of the evidence in such cases is collected abroad, and some victims may not be Chinese nationals, China needs to take measures to improve its evidence rules by establishing separate guidelines for the collection, review and authentication of foreign evidence.

These guidelines should make clear the admissibility and evidentiary standards for foreign evidence. This would enable China's criminal justice system to more effectively prosecute those committing cross-border crimes. By implementing these measures, China and its regional partners can strengthen their collective capability to combat cross-border crimes, protect the rights of victims, and enhance regional security and stability.

The author is a professor at the School of Law, Yunnan University, and a deputy to the 14th National People's Congress. The views don't necessarily reflect those of China Daily.

If you have a specific expertise, or would like to share your thought about our stories, then send us your writings at opinion@chinadaily.com.cn, and comment@chinadaily.com.cn.