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The American System Of Civil Forfeiture Study

Posted on:2012-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:Z Z XuFull Text:PDF
GTID:2216330335485449Subject:International law
Abstract/Summary:PDF Full Text Request
The research of this article is aiming at building and amending our domestic criminal procedure rules thereof, by which we can recover the proceeds of the criminals abroad who have committed corruption and bribery in violating the criminal law of P.R.C.The civil forfeiture rules are located in the U.S.C,it rules that any property,real or personal,invovled in a transaction or attempted transaction in violation of some specific crimes or can traceable to such property can be forfeitured. The begal basis of the rules is civil,partly independent from criminal procedure rules.Also the existing current domestic and foreign systems are analyzed and their weaknesses are pointed urcing us to put forward a sound system in our country related to the criminal justice system, specifically absorbing the points of civil forfeiture system; two new rules are created and fixed. Since our country are signed and ratified the UN convention against corruption,to build and amend our domestic rules are our obligation.we should have our own civil forfeiture rules.
Keywords/Search Tags:the U.S.A, civil forfeiture, recovery, proceeds of corruption, the probe standards
PDF Full Text Request
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