Study On The Mechanisms Of Asset Recovery In United Nations Convention Against Corruption

The article studies on the Mechanisms of Asset Recovery in United Nations Convention against Corruption. Through analyzing the legal issues it concerned, the article demonstrates that the Mechanisms of Asset Recovery is a innovation of the convention, and every part of the mechanisms are tied up with each other. This is a system of margin character, which need the cooperation of all aspect of law. China shall take an open attitude to the affairs of asset recovery, build up scientific conception and legal systems, so that we could make good preparation to replevy the asset that flee to other country.The Mechanisms of Asset Recovery is composed of the mechanism of prevention and detection of transfers of proceeds of crime, measures for direct recovery of property, and mechanisms for recovery of property through international cooperation in confiscation. What's more, the convention has two assistant measures: one is special cooperation; the other is bilateral or multilateral agreements and arrangements. For this, this article contains five parts. Part 1 make some preparations for the latters by giving the introductions of United Nations Convention against Corruption, history of Mechanisms of Asset Recovery, and the basic concepts. Part 2 elaborates the measures for direct recovery of property. Part 3 analysis the mode that the mechanisms for recovery of property through international cooperation in confiscation runs, and the legal systems that the convention demands. Part 4 elaborates the mechanism of prevention and detection of transfers of proceeds of crime. Part 5 introduces the bilateral or multilateral agreements , and give an analysis of summing-up.During the elaboration, the author abstract the main system that the State Party should establish according to the convention, analysis these systems, and give some material suggestions which could make our related legal systems more perfect.