當一件跨國境的刑事案件發生時，首先要確立的是案件管轄權的歸屬問題，也就是哪個國家可以取得案件的管轄權。只要確認管轄權的歸屬，就可以由該有管轄權的國家對加害人進行追訴審判。尤其加害人如果位於有管轄權國家的領域之外，將可能會產生引渡請求的可能性，又如果審判案件所需要的證物與文書，也在有管轄權國家的領域外，更可能會發生刑事司法互助的問題。本文以1996年我國籍船舶福明輪（又稱杜拜輪）案件爲討論案例，我國籍船長程修於1996年3月11日在福明輪行經摩洛哥的公海上，從船上遺棄兩名羅馬尼亞籍偷渡客，致該兩名偷渡客生死未卜。同年5月，福明輪於停泊加拿大哈利法克斯港時，因羅馬尼亞檢察總長的請求，致船上7名我國籍船長與船員爲加拿大警方逮捕拘禁，導致本案涉及台灣、羅馬尼亞、加拿大3國間管轄權的爭議。本文擬將人、船分開討論，以國際公約、各國立法例與國際實踐爲研究基礎，探討各種跨國管轄權的理論與實務，以便確認哪個國家對加害人享有刑事管轄權；在確認管轄權的歸屬之後，再從引渡制度加以研究，確立有管轄權的國家對加害人引渡請求的可行性。最後，再主張船舶、船舶上的救生衣、製作偷渡客乘坐的簡易船筏所使用的油桶、木板、繩索等物品，爲佐證犯罪所需要的刑案證物，進而以國際刑事司法互助的方式，請求證物扣押國協助返還，以便利管轄權國進行刑事追訴審判。

Whenever a transnational criminal case occurs, the jurisdiction of the case would be the very first issue that one has to establish; in other words, it is necessary to clarify to whichever country the jurisdiction would go. Once the jurisdiction has been confirmed, the country with the jurisdiction can then carry out prosecution and trial towards the inflictor. Especially, if the inflictor is found located beyond the territory of country with jurisdiction, the possibility of requesting for extradition can have incurred. Furthermore, if evidence and document needed for the prosecution or trial are also found located beyond the territory of country with jurisdiction, it is most likely that the issue of mutual assistance in criminal matters can have incurred. This article has resorted to the case of our national vessel Fu Ming Vessel (also titled as Maersk Dubai Vessel) in 1996 as the example for discussion. Cheng Xiu, captain of Taiwan nationality, abandoned two Romanian stowaways from the vessel when it was sailing through the high-sea of Morocco on 11st March 1996, resulting in the uncertainty of life and death to these two stowaways. When Fu Ming Vessel anchored at Halifax of Canada in May, a total of 7 crew members of Taiwan nationality on board, including the captain, were arrested and detained by Canadian police as of request by the prosecutor general of Romania. As a result, it has led to the controversy regarding the jurisdiction that involves Taiwan, Romania, and Canada. This article intends to carry out discussions in separation of man and boat, and would base on international convention, cases of legislation from various countries, and international practice to investigate diverse theories and practices with regard to transnational jurisdiction to identify which country has the jurisdiction for this case. Then, it would further conduct study to extradition system so as to establish the feasibility of country with jurisdiction making request of extradition for inflictor. At the end, the study would resort to the gas-barrel, wood-plant, and rope and other items on the simple raft stowaway ride as evidences of the criminal case for substantiating crime. In such a way, it can resort to the measure of international mutual assistance in criminal matters as it appeals to the detaining country of evidence for return so as to facilitate the procedure of criminal prosecution and trial within the country of jurisdiction.