Research On The International Cooperation Of China's Anti-corruption Cross-border Pursuit

Since the reform and opening up,China's economy has developed rapidly with the deepening foreign exchanges,and cross-border movement of people and assets has become more convenient.Meanwhile,the development of corruption crimes in our country has an obvious foreign-related trend.Corrupt officials,who have committed crimes and accumulated large amounts of funds in the country,have tried to evade legal sanctions.Since the 1990s,with the increase of the number of corrupt officials and the amounts of the money escaping in our country have not only led to the massive losses of the state assets,but also caused the serious negative assessment among the public.Since the 18^th CPC National Congress has been held,the Chinese Communist Party and the Chinese government have always put much emphasizes to anti-corruption work,and efforts to anti-corruption pursuit of cross-border efforts have been continuously strengthened and the depth and breadth of international cooperation in anti-corruption have been gained certain achievements.However,it is still very difficult for China to accomplish the anti-corruption pursuit of cross-border currently.On the external factors,due to the differences and divergences in the political system,ideology,judicial system,values and so on,in the process of conducting the anti-corruption pursuit of cross-border,especially when it comes to the major destinations of our country's corrupt officials,as the United States,Canada,Australia and other countries,the willingness of these countries to cooperate with China are weak,and sometimes they even set up various kinds of barriers.On the internal factors,there are many problems in China such as the relative lag of legislation and judicature,many inconsistencies of the international treaties and practices,inexperienced cross-border pursuit,lack of understanding of foreign legal systems and judicial procedures,and the urgent improvement of professional ability of their staff.Therefore,only in reviewing practice,summing up experiences and deepening consensus can the level of anti-corruption pursuit of cross-border in international cooperation be continuously enhanced,and in order to further build and optimize the normal mechanism of anti-corruption pursuit of cross-border through international cooperation.The first chapter is an overview of the international cooperation of China's anti-corruption cross-border pursuit.This chapter elaborates on the concept of"corruption"and"corruption crime"from the perspective of academic principle and legislation,and argues that the essential feature of corruption is the alienation of public power.It summarizes the basic characteristic of the corrupt officials'flight from three aspects if the body,method and direction,and introduces the latest achievements of the cross-border pursuit of anti-corruption in China after the 18th CPC National Congress.International cooperation is an important step for China to carry out the cross-border pursuit of anti-corruption,which has the realistic necessity.The basic principles of international cooperation are the guidance and basis for implementing relevant work in our country.The second chapter is the basic framework of the international cooperation of China's anti-corruption cross-border pursuit.The global,regional and bilateral mechanisms are the basic framework for China's international cooperation in anti-corruption.This chapter will elaborate the above three forms of cooperation respectively.Under the UN mechanism,the United Nations Convention against Transnational Organized Crime and UN Anti-Corruption Convention reflected the latest consensus of all countries on cracking down transnational corrupt crime.And it achieved many legislation updates and breakthroughs.Interpol also played an important role on wanted for arrest,extradition and repatriation of corruption officials who fled overseas.Under the regional mechanism,China's cross-border pursuit of anti-corruption gradually shifted from"participate in passively"to"lead actively"through APEC and G20 platforms.Under the bilateral mechanism,strengthening the cooperation with United States,Canada,Australia and ASEAN which are the major destination where the corruption officials fled overseas to is an important part of current cross-border pursuit of anti-corruption in China.The third chapter is the main method of the international cooperation of China's anti-corruption cross-border pursuit.This chapter focuses on the analysis of the development trend of the extradition principles by elaborating the concept of extradition and its historical evolution,applying the recent practice of extradition in our country and regarding the case as the factor.The correct understanding of the extradition principles is the premise of exerting the extradition measures effectively.The development of immigrant repatriation,nonlocal prosecution,returning exhortation and other alternative extradition measures basing on the realistic reasons are the important way of China's current cross-border pursuit of anti-corruption.This chapter also describes the characteristics and influence factors of alternative extradition measures in detail through the introduction of cases.The fourth chapter is the criminal judicial assistance of the international cooperation of China's anti-corruption cross-border pursuit.This chapter clears the scope of international criminal judicial assistance by defining the concept of international criminal judicial assistance.It focuses on sorting out the new normal of international criminal judicial assistance in our country such as active assistance,long-distance video hearing,law enforcement cooperation and asset recovery.On the basis of legislation and practice,this chapter also states China's practice of international criminal judicial cooperation at current stage.The fifth chapter is the improvement strategy of the international cooperation of China's anti-corruption cross-border pursuit.This chapter takes the realistic obstacle of cross-border pursuit of anti-corruption as the starting point.And it regards expanding the application scope of extradition,optimizing extradition alternative measures,promoting related special legislation,strengthening recovery of corrupt assets,optimizing fled prevention mechanism and reinforcing self-ability construction as the breakthrough point to establish a scientific,stable and effective normal mechanism of international cooperation in cross-border pursuit of anti-corruption.