Problems Research About Cross-border Recovery Of Corrupt Assets

Corruption crime has a long history as an extreme form of power-for-money deal. With the development of economic globalization, and the weakening national control of economy, society, corruption crime tends to have globalization and internationalization. Its characteristic of transnational, foreign-related is obvious, and the corresponding is a flight of corrupt officials abroad and the cross-border transferring of corrupt assets. Corrupt officials fled abroad or in domestic, transferred corruption assets abroad by money laundering, cash smuggling and so on,which is in common use. For example, according to related reports, since 90s of 20 century, the number of corrupt officials that fled aboroad is as high as sixteen thousand, and the amount of money reached eight hundred billions RMB. The cross-border transferring of corrupt assets results that the whole or part of that corrupt assets cannot be recovered by the existing channels, resulting in the inational interests and economic damage, weakening the penalty punishment function, induce and exacerbate internal contradictions, as the public criticismed. Therefore, the cross-border transferring of corrupt assets is highly regarded in the international scope, the outflow of corrupt assets through international and inter-regional judicial assistance and cooperation, explore and use a variety of methods actively, to recover or return parts of the cross-border transfer of corrupt assets. But comparing the amount of cross-border transferred corrupt assets,the ratio of successful recoverty is low, and the recovery of cross-border asset is not effective overall. This thesis, taking the related issues about the recovery of cross-border corrupt assets as the object of analysis, the purpose of the study is to investigate corruption assets through cross-border transfer and recovery profiles, analysis the operation about the rocovery mechanism of corrupt assets under the framework of " the United Nations Convention against Corruption" , as well as the recovery obstacle of the corrupt assets in our country, put forward legislative measures of the rocovery of corrupt assets based on what mentioned before, and achieve maximum value with a variety of recovery measures actively.In Foreign and Mainland Chinese, Hong Kong, Macao and Taiwan regions, there are more rampant phenomena of the cross-border transfer of corrupt assets, which is harmful to the political life, economy and legal principle seriously. The recovery mechanism of corrupt assets came into being by the " United Nations Convention against Corruption", and the direct-recovery mechanisms pays attention to the application of civil litigation means, while the indirect recovery mechanism mainly involves the application of civil forfeiture and criminal forfeiture. It faces a series of obstacles in the recovery of corrupt assets, not only the general obstacles, but also specific obstacles, the more important is that the recovery legislation of corrupt assets is not perfect, such as the lack of exception system about the principle of sovereign immunity, the imperfect legislation of criminal forfeiture, the absence of legislation of civil forfeiture and the legislative shortcomings of international judicial cooperation. Therefore, for the successful recovery of cross-border transfers of corrupt assets, the most important is to perfect the supporting legislation of the recovery of corrupt assets, specifically, establish the system to recover corrupt assets by the use of civil litigation, compensation litigation and simple return means, to perfect the criminal confiscation system, establish the civil forfeiture system as well as approve and enforce the foreign confiscation decision mechanism for judicial review, should clear the way to build asset-sharing system and the specific contents of the return and punishment in corrupt assets. In the specific operation about the recovery of corrupt assets, it should pay attention to a variety of measures with the coordinate use, and maximize the value from the pursuit of cooperation, such as the emphasis on the use of basic measures, flexibility measures and strategic measures, strengthen protection measures in recovering the corrupt assets.The thesis brings forth many new ideas.For example,it proposals attach importance to use of civil lawsuit in cross-border recovery of corrupt assets.In such civil lawsuit,we should build National Assets Committee and Specilized Fund,which substitites for government as main body of lawsuit and avoids troubles of sovereignty-exempting triggered by govermment as main body of lawsuit.It suggests we build our system of civil expropriation,taking example by legislation exprerience about civil expropriation of America,England and Singapore. It suggests we establish the mechanism of judicial investigation admitting and carring out foreign expropriation verdict on the bisis of defining expropriation verdict.It suggests we establish asset-sharing system by improving domestic legislation,concluding bilateral agreements and cooperating on individual case and so on,set up Fund of expropriated corrupt assets to solve asset-keeping and expenditure of recoveried assets.It proposals we should lay emphasis on flexibility in dealing with recovery of corrupt assets,such as dealing with assets-sharing flexbly,utilizing acceptance of non-sentence of death penalty and pursing the value of verdict-consulting.We should also pay great attention to tactics,such as expressing effect of chasing those corrupt officials who fleed abroad,combining application of civil and criminal lawsuit,and taking accusion crime of money-laundering as entrance of cross-border recovery of corrupt assets. The above viewpoints contribute to broaden train of thought,innovate measures and strive for maximal effect.The thesis costs me 6.5 years from selecting theme,collecting data,organizing syllabus,commencing writing,amendding repeatedly,to finishing initial manuscript.During the time,the phenomena of cross-border personnel escape and transferring of corrupt assets appear time after time.However,the perspectives of international world about this question tend towards accordance and the atmosphere of international cooperation on anti-corruption also tends towards favorable.Some corrupt officals and other peasons invoved in corrupt crimes who fled abroad for many years have been extradited home.Theirfore, I am aware of the importance and urgency of studing this theme,and keep positive,optimistic attitude about promoting more steps on cross-border recovery through studing.And during writing,such an attitude leads me keep vigorous energy and high fighting will from beginning to end.