On The Punishment Of The Fled Officials

The fleeing of many corruptive officials, who take great illicit assets at the same time in order to evade the punishment of the laws of our country, brings great harm to the legal system, the political system, the economical system and the social system of our country. Many fled corruptive officials can't be delivered back home to be punished and great illicit assets can't be recovered since the organism for arresting the fled corruptive officials is not perfect in our country and some aspects of the international judicial cooperation is hard to commensurate with the international community. In such a way, the countries abroad become the seedbed for the corruptive officials to evade the legal sanction and there forms the bad phenomenon of "running after getting and being free after running".The jurisdiction of our country can't be carried out since the sovereignty of a nation is exclusive. Only by means of judicial cooperation can we seize these corruptive officials. International judicial cooperation has a long history and a fast development. With the increasing of international crimes, especially in modern times, some global international organizations and conventions come into being and all kinds of international or bilateral cooperation in judicial fields are increasing, too. International cooperation for combating corruption and the fled corruptive officials specially gets a fast development too.China is expanding her cooperation with the countries in the world actively in order to do the work of penalizing the fled corruptive officials better. So far, China has signed treaties on extradition with more than 20 countries and protocols on judicial assistance with about 40 countries. Simultaneously, China has broadened its way for fighting the escaped corruptive officials by acceding all kinds of international conventions combating crimes, especially including United Nations Conventions against Corruption. China carries out cooperation with the nations in the world for the settlement of the delivery of fled corruptive officials and recovery of illicit assets.The system of legislation and international judicial cooperation should be perfected in order to make the fled corruptive officials be punished sooner. For the legislation at home, death penalty in the crime of corruption and bribery should be abolished in order to remove the obstruction for delivering the fled corruptive officials. The system of criminal judgment by default and the system of civil recovery of illicit assets should be established in order to penalize the fled corruptive officials sooner and reduce the loss of the state owned property. In the fields of international judicial cooperation, international judicial cooperation should be strengthened, bilateral and multilateral cooperation should be carried out more, the system for proceeds and sharing the recovered illicit assets should be established, the system of delivery of the fled corruptive officials and executive cooperation should be perfected so as to punish the mass of fled corruptive officials sooner by all means.