Study On International Legal Issues Of Corruption Proceeds Related Crime For Recovery Of Cross-Border

At present, cross-border transfer of corruption proceeds related crime has become a common pattern. It is a severely dangerous issue for society, not only to harm the country which flow out of corruption proceeds related crime, but also to endanger the economic security of country which flow into corruption proceeds related crime, more to got detriments for global governance of international community. From1990s to nowadays, the international community started to pay attention and to fight the behaviors of cross-border transfer of corruption proceeds related crime. The United Nationals Convention against Corruption which was enacted in2003, firstly provides for a special chapter "asset recovery" mechanism, innovatively takes the international legal form to regulate or to cover for cross-border transfer of corruption proceeds related crime, which include non-conviction forfeiture, litigation of civil right affirmation, litigation of tort, simple return and so on, systematically and roundly regulate the contents, steps, right and obligation of signatory country which are related cross-border transfer of corruption proceeds related crime. In this paper, on the basis of analysis of the phenomena and dangers about the cross-border transfer of corruption proceeds related crime, introduce specific practices and legal norms of international community, relevant international organizations and countries (regions) related the fight and prevention of cross-border transfer of corruption proceeds related crime, analyze the relationship of between the article31, article54and article55of the United Nationals Convention against Corruption, criticize the unreasonable divide of academia about the recovery ways. Probe the political impediments, fact blocks and legal obstacles of cross-border transfer of corruption proceeds related crime, at the same time, on the basis of analysis of the important role among the cross-border transfer of corruption proceeds related crime about the implementing of chapter5of the United Nationals Convention against Corruption, capacity building of the judicial system, promotion of international cooperation, modification and perfection of relevant institution, make a respective research by specific contents. The paper includes ten parts. Preface introduces the significance of paper, study contents, study methods and the issues the paper want to solve.Paper’final is conclusion, make a brief summary of above.