Study On Involving Fund And Material And Judicial Recovered System Of Corruption Crime

As fire, corruption can set the prairie ablaze without control; as water, lust canflood without control. Greed is a common evil in mind for human, and this lust willlead to corruption crime inevitably without the control of law. Corruption crime refersto the behavior that civil servant break national legal rules to utilize powers to seekpersonal gain. The primary purpose of corruption crime is to seize illegal profit so asto satisfy personal undesirable extended selfish desire. In history every dynasty hadits own measures to punish corruption, what’s more, these measures are pretty cruel,but the problem of social corruption under autocratic monarchy of feudalism wasn’tsolved fundamentally. Corruption didn’t disappear with the development of socialpolitics and economy. Instead, corruption has permeated into everywhere of thesociety and become an obstacle influencing social development. The most direct harmcaused by corruption crime is the loss in national politics, economy and socialdevelopment, which influences normal development order of our country as well.Currently, corruption crime has become a social problem faced by every country,transnational and interregional corruption crimes have become a new characteristic ofcorruption crime. As for the situation, U.N. Anti-corruption Convention was passedby the United Nations in2003, which provided powerful judicial guarantee forcountries of the world to defeat corruption crime. According to the characteristics ofcorruption crime, to control pervasive tendency of corruption crime’s development,on the one hand, we need to strengthen punishing power and on the other hand, wealso need to strengthen supervision to prevent crime by taking advantage of dutyefficiently. The most direct and efficient way to punish corruption crime is to pressfor payment afterwards involving fund and material of corruption crime completely,and to confiscate illegal benefit in order to make crime cost more than crime profit soas to control crimes. The first chapter analyses the conception of corruption crime, involving fund andlegal basis for material of corruption crime; starting from the current situation ofpressing involving fund and material for payment afterwards in our country, theauthor concludes difficulty and causes of pressing involving fund and material forpayment afterwards objectively, and elaborates legal sense, economic significanceand social meaning of pressing involving fund and material for payment afterwards.The second chapter demonstrates scope, type, affirmed legal important document andconfirmed legal sense of pressing involving fund and material for payment afterwards,by legal conception and characteristics of involving fund and material as well asmaking clear about illegal attribute of involving fund and material and necessity tocarry out complete pressing for payment afterwards. The third chapter analyzescurrent defects in disgorgement by official property declaration, transferring hiddenassets of involved persons, disgorgement of illegal proper legislation, and legalliability of judicial disgorgement and coordination of disgorgement, which providesprecondition for efficient measures of cracking the problems in disgorgement. Thefourth chapter adopting the way of comparative investigation introduces the ways ofpunishing corruption in Britain and American law systems, the continental lawsystem, the Hong Kong Special Administrative Region and other countries as well asrelative legal system of disgorgement of involving fund and material and punishmentlevels for corruption property in U.N. Anti-corruption Convention. According toefficient measures in disgorgement of illegal profit in the international treaties of allcountries of the world, to form a development trend of perfecting a sound internallegislation and strengthening an international cooperation which punish and preventcorruption crime among all countries throughout the world. The fifth chapter mainlydiscusses the completion of disgorgement system for involving fund and material andputs forward strategies for daily property supervision, early warning for specialsituation, increasing investigation power, perfection of disgorgement legislation,strengthening international cooperation.Finally the article points out that, as long as supervising various development ofcorruption crime, continually perfecting relative legislation can we form an efficientlegal environment for punishing and preventing corruption crime, clear up obstacles on the way of social development, and realizing the profound significance inpromoting the development of every enterprise for social improvement.