Research On The Recovery Of Corruption Asset Of China Under United Nations Convention Against Corruption

Essentially, corruption belongs to the trading power for money which has a longhistory in China. It is parasitic on the economic and political life in human society andnever banned without a break. Economic globalization has not only broughtdevelopment opportunities, but also for the corruption crime brings new characteristicof globalization and internationalization, and it corresponds to the transnationaltransfer of assets derived from corruption. Corrupt elements in the illegal transfer ofassets of high-level corruption to the behavior of the foreign bring serious damage toits own economy, the adverse effects of the global and even on national economies insome countries. Since90s of20century, the number of corrupt officials that fledaboroad is as high as sixteen thousand, and the amount of money reached eighthundred billions RMB.31October2003, at the58th UN general assembly of theUnited Nations convention against corruption in formal through (hereinafter referredto as the convention). In December10th, Our government signed the convention asthe contracting state of United Nations convention against corruption. The conventionprovided legal basis for the international cooperation on corruption crimes.The articlestudies on the mechanisms of asset recovery in United Nations Convention againstCorruption. Through analyzing the legal issues it concerned, the article demonstratesthat the Mechanisms of Asset Recovery is a innovation of the convention, and everypart of the Mechanims are tied up with each other. This is a system of margincharacter, which need the cooperation of all aspect of law.Based on forerunners achievements on assets recovery mechanis, this paper is focusedon researching on the recovery of corruption asset of China, and compared withUnited Nations Convention against Corruption, demonstrating how to establish andimprove our own assets recovery mechanism under the frame work of the convention.Then this paper points out that current legal system of China still needs to beimproved. To recovery corruption asset which is transferred to other countries,China should reform the justice system compared with the corruption as soon aspossible, and perfecting the judicial proceedings of corruption crime. This is not onlythe need to improve the construction of legal system in China, is also an urgent needfor the reality of anti-corruption. The whole paper is composed with four sections.The first one, author overviews the meaning of the recovery of corruption asset in China compared with United Nations Convention against Corruption. Then authorpoints out the urgency of recoverying corruption assets for China, makingpreparations for the forth following discussion. In the second chapter, authorsummarizes the legal status of asset recovery mechanism in United NationsConvention against Corruption. Then author goes into the following parts: preventand monitor fled property and thansfer、dicect recover fled property、indirect recoverfled property、retuming and disposing of properties several recover fled propertymethods. In the third part, author points out the obstacles facing the recovery ofcorruption asset in China, not only the direct-recovery mechanism, but also theindirect recovery mechanism, such as the lack of exception system about the principleof sovereign immunity, the absence of legislation of witness protection, the imperfectlegislation of criminal forfeitureand the legislative shortcomings of internationaljudicial cooperation.In the last part, author gives advices to how to establish“Mechanism for recovery of fled property” in our country correspond to theconvention in the same order of the second charper, and lists feasible specific measurewhich our cuontry can do. Above all, China shall take an open attitude to the affairs ofasset recovery, build up scientific conception and legal systems, so that we couldmake good preparation to replevy the asset that flee to other country.