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Study On The Legal Mechanism Of Control Of Corruption Assets Fleeing And Its Recovery

Posted on:2005-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2156360125456675Subject:International law
Abstract/Summary:PDF Full Text Request
International community has acknowledged the crucial importance of "Strengthening international cooperation in preventing and combating the transfer of funds of illicit origin, derived from acts of corruption, including the laundering of funds, and in returning such funds". Thus, United Nations has produced "United Nations Convention Against Corruption", and "Treaties Against Transnational Organized Crime and Terrorism" , with the aim of establishing the correspondent legal framework subsequently. The established framework, especially by "Convention Against Corruption", with the international judicial cooperation policy it demonstrates, has significant importance for China Anti-Corruption career, both in practice and for theory.This paper consists of seven parts. The introduction expounds the present corruption assets fleeing and its damage, introduces the international community's and our country's effort to combat and recovery the fleeing corruption assets. Chapter One, Chapter Two, and Chapter Three analyze the control and recovery model of "strict anti-money laundering law plus recovery of property through international cooperation in confiscation". The above three chapters have also probed into the balancing of the financial institution "conflicting roles "by anti-money laundering law, the "in rem " character of civil forfeiture system.In Chapter Four, after comparing the international cooperation between asset recovery and extradition, this essay further analyzes the important role "recovery of property through international cooperation in confiscation" has played in international community control policies of corruption and other crimes. It argues, under the background of troublesome international cooperation in extradition, the mechanism of "recovery of property through international cooperation in confiscation" is morepracticable.Chapter Six discusses the reconstruction of China anti-money laundering and the proposals this essays thus put forward.At the end of this essay, the conclusion is that through levying civil,administrative, and criminal liabilities upon the "anti-money laundering due diligence" of financial institution and its staff; through connecting the anti-money laundering criminal and administrative process and forfeiture mechanism, we can solve some problems caused by "financial institution's conflicting role ", "connection of the anti-money laundering law with forfeiture system", and "lack of correspondent mechanism for recovery of property through international cooperation in confiscation".Those modifications of China anti-money laundering law will facilitate our country's control and recovery of fleeing corruption assets. This will deter the potential corruptive crimes effectively.
Keywords/Search Tags:The fleeing of corruption assets, Anti-money laundering law, The conflicting role of financial institution, Civil forfeiture system, Reconstruction of China anti-money laundering law
PDF Full Text Request
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