Research Of Mechanism Forecovery Of Fled Property In International Law

On October the 31st 2003,the 58th UN mass meeting passed UN Convention Against Corruption(be called the Convention for short in the following ). The Convention is a global law Anti-corruption , The Convention for the firse time establishes the legal mechanism of preventive measures, criminalization and law enforcement, international cooperation,asset recovery, technical assistance and information exchange in international grade,settles the law foundation of international cooperation Anti-corruption. It's a milestone of Anti-corruption and constructs the civilization whinc is ruled by law. Establishes the law rules of global Anti-corruption on the convention foundation ,especially makes innovational stipulate on international judicature cooperation,Mechanism for recovery of fled property and so on,indicates innovational law stipulate on interrelated field appear and form,fills international law's blank space on interrelated field. On oct the 27th 2005, the eighteenth conference of the tenth session of the national people's congress cnsiderated and passed UN Convention Against Corruption,meanwhile declared:china is not restrained by the convention 66strip2item.From this time on,china had become a party to the convention,the convention's core section"Mechanism for recovery of fled property"breaks a new way of recovery of fled property,provides international law quarantee of prevent fled property flowing crosscountry.It has important meaning for our country recover fled property out of country maximumly retrieve economic lose by corruping crime and safeguard our country's profit.This article's first chapter introduces nowadays corrupt's situation and feature in the world ,and the convention's formulate backgrond and main content。In the second chapter ,author essentially expounds the convention's Mechanism for recovery of fled property in the first section,then in the second section,the third section ,the forth section,author goes deep into dissect"prevent and monitor fled property and thansfer","Dicect recover fled property","indirect recover fled property"several recover fled property methods.and presents ench method's measure and it's character.In the following ,author detailed dissects the rules of"return and divide fled corrupted"in the fifth section,which is the stay of"Mechanism for recovery of fled property",at the same time lists the rule's principles and specific operate means.Soon afterwards ,in the third chapter author points out insufficient of"Mechanism for recovery of fled property"in our country now,and which obstacle when Mechanism for recovery of fled property in the convention apply to our country is faced with .In the last section,author gives advices to how to establish"Mechanism for recovery of fled property"in our country correspond to the convention,and lists feasible specific measure which our cuontry can do.