China 's Special Confiscation Procedure And The United Nations Convention Against Corruption

As the world’s first legal document guiding international anti-corruption struggle,the United Nations convention against corruption by countries to strengthen domesticanti-corruption action, improving the efficiency of anti-corruption and promotinginternational cooperation against corruption has the vital significance.Especially inchapter v of the convention clearly stipulated in "asset recovery mechanism" ofcorruption crime income confiscated system.The setting of the program not onlysolved the problem of without a criminal conviction to the maximum recovery ofcorruotion crime,in the absence of the criminal death, lam or not of the prosecution’scase,but also complied with the current international anti-corruption, anti-terrorismsituation, providing the basis for countries to recover corrupt crime proceeds.China as the convention of states parties, based on the provisions of theconvention,added in the new revision of the "criminal procedural law" the "unlawfulincome confiscated program"in2012.The program is complied with the currentinternational and domestic anti-corruption, anti-terrorism situation.And it isconsummates our country criminal procedure law system, a basic obligation toperform the convention’s requirements.At the same time, the setting of the programfor the double values of punishment and prevention, embodies the respect andsafeguard human rights, the value pursuit of justice and efficiency.In addition, interms of the core content of the program, the program’s applicable scope, the specialnature of litigation and special proceedings embodies the basic spirit of theconvention and related regulations.Of course, there is a gap betweenthe illegal incomeconfiscated program setting in some system and the convention.Therefore, it isnecessary to referring to the provisions of the convention, clear the scope of theconfiscation of object, clear procedure standard of proof and the burden of proof,clear the problem of judicial assistance system aspects, such as regulation, in order tobetter the performance of the obligations of the convention, the early realization ofcomprehensive docking with the convention.