| With the internationalization of corruption and the cross-border movement of corruption assets,the recovery of cross-border corruption assets has become the core issue of global anti-corruption work.Since corruption assets are stored outside the country,the recovery of such assets requires cooperation and coordination between different countries,regions and organizations,how to build a scientific and effective internationally cooperated legal mechanism to recover cross-border corruption assets has always been the focus of international concern and study.This paper profoundly discusses some systems that affecting the recovery of corruption assets,meanwhile,combining with international practice in recovery of cross-border corruption assets,this paper conducts a systematic analysis and overall discussion on the improvement and development of the international criminal justice assistance system,international civil judicial assistance system and police judicial cooperation and assets sharing system from the aspect of the the recovery of corruption assets.This paper is totally divided into 7 chapters and the specific research program is described as follows.Chapter 1: Introduction.This chapter mainly introduces the study background and significance,briefly describes the major research results both at home and abroad in aspect of the recovery of corruption assets,propose the study ideas,difficulties,methods and innovations.Chapter 2: Theoretical framework for the recovery of cross-border corruption assets.This chapter analyzes and defines the concept of cross-border corruption assets,studies the theoretical basis and significance of the recovery of corruption assets.This paper defines the corruption assets as the collective name of all properties and benefits obtained by criminals in the course of crime,including all illegal income obtained directly or indirectly,yet exclude the criminal tools and properties legally obtained by criminals.Its legal basis mainly include the theory of returning illegal income,function theory,legal value theory and some other theories,it plays an positive role in purifying market environment,maintaining economic and social stability,as well as global governance.Chapter 3: Legal regulations and international experience in the recovery of corruption assets.This chapter introduces the international treaty regulations,international soft law regulations and international experience in the recovery of cross-border corruption assets from the aspects of anti-corruption criminal justice assistance and legal regulations.International treaties involving the recovery of cross-border corruption assets mainly include some multinational international legal regulations represented by the “United National Convention against Corruption” under the framework of the United States,also include some regional international laws and regulations in Europe and some bilateral laws and regulations reached by relevant countries in the practice of international cooperation.However,based on their own situations,some countries and regions have developed related laws and regulations about the recovery of corruption assets,rich international experience has been accumulated.Such will be described in details in this chapter.Chapter 4 introduced the criminal justice assistance mechanism for the recovery of corruption assets.This chapter profoundly discusses the concept,contents,characteristics and major procedures of international criminal justice assistance in the recovery of corruption assets,meanwhile,this paper,in details,analyzes the existing problems,causes and improvement measures for such assistance.In this paper,the international criminal justice assistance refers to certain judicial acts which are took by the court or other competent authorities of a state upon the request of the court,competent authorities or related parties of another state to implement or assist to implement such acts in association with proceedings.This concept has the aspects of broad and narrow meaning.The major problems exist in the current criminal justice assistance include the relatively low implementation success rate,lacking for professional laws,difference in legal basis,complex procedures and operation difficulties.In response,we propose to develop specific laws to promote independent confiscation procedures,etc.Chapter 5: Building the criminal cooperation mechanism against the recovery of corruption assets.This chapter focuses on the main framework of international justice cooperation mechanism,it introduces the building of international police cooperation mechanism in details.In this paper,police cooperation refers to the series of interactions between two or more countries in aspects of information sharing,criminal justice assistance,etc according to related treaties.The recovery of corruption assets is a new field in international police cooperation,it refers to the process of requesting international police agencies to freeze abroad corruption assets through unified detection,abroad investigation and series of other strengthen measures in the losing course of corruption assets.In such a process,insufficient information sharing and other problems exist,in this regard,we suggest to strengthen building information sharing platforms,establishing specific funds and so on.Chapter 6: Building the corruption assets sharing mechanism.This chapter mainly introduces the building of the corruption assets sharing mechanism,including the theoretical discussion,necessity and system evaluation about assets sharing.Based on the international practice in assets sharing system,this paper proposes the basis and contents for building of the corruption assets sharing mechanism.In this paper,assets sharing refers to the system arrangements in which the requesting country and the requested country,in the process of the recovery of corruption assets,under the principle of mutual benefits,offer certain compensation and remuneration to the requested country providing justice assistance through consultation and according to bilateral treaties,return the remained assets to the victims and the assets owners int he requesting country.However,due to the difference in the payment of expenses arising from the recovery of corruption assets,as well as certain limit in indirect recovery measures,disputes exist in the implementation of assets sharing.Therefore,this paper suggests to reasonably define the sharing proportion of corruption assets,set up the sharing procedures,etc.Chapter 7: Suggestions for international cooperation in the recovery of corruption assets.This paper believes that China has made a great process in the cooperation mechanism for the recovery of abroad corruption assets,a series of international conventions have been effectively performed,furthermore,a series of bilateral treaties have been signed with related countries.However,the present outflow tendency of corruption assets has not been reversed,the international judicial cooperation mechanism is not complete yet,it further needs to be improved from the aspects of system and policy.Therefore,this paper suggests to promote the legislation work associated with criminal assistance in the recovery of corruption assets,build a criminal-civil cross mechanism against the recovery of corruption assets,establish the recognition and implementation system against valid abroad criminal judgments,improve the special confiscation system against illegal income,comprehensively apply international conventions and bilateral treaties to recover cross-border corruption assets.Conclusion.Reviewing all chapters in this paper,this part summarizes the problems existing in the building of the corruption assets recovery system.It concludes that the international cross-border corruption assets recovery cooperation system is not sound yet,including common obstacles in the recovery of corruption assets,specific obstacles in the implementation of the corruption assets recovery system,insufficiency in the supporting legislation work and so on.This paper suggests to systematically build a corruption assets recovery system which is coordinate with China's criminal justice assistance mechanism,explore the international police cooperation system,civil judicial assistance system and assets sharing system,the paper profoundly explores and conclude such items by combining with China's judicial practice. |
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