A Study Of The Booties Program In Corruption And Bribery Crime Cases

"The UN Anti-Corruption Convention" is a achievement of the people to fightagainst corruption and China as a member of it from October27,2005. However, tothe lag of domestic legislation, we encounter many problems in "asset recovery andreturn”. In March14,2012, the eleventh session of the National People’s Congressfifth conference decide to amend the " The criminal procedure law of the people’sRepublic of China and improve the attachment, seizure, freezing and so on, which isto prevent the criminals to transfer, conceal, destroy the property. In addition, thenewly revision "law of criminal procedure""fifth parts and third chapters" alsoprovides that "the criminal suspects and defendants, escape, death cases of illegalincome confiscated program" and it is also suitable for the crime of corruption andbribery. The introduction of this provision solve the problem that years of the loss ofasserts abroad to recover the dilemma in our country But as a new program, it isdifficult to define the nature of it. Under the condition of no perfect legal system andthe crime of bribery and corruption is rampant, it meet many problems to carry out it.Based on the study of "UN Anti-Corruption Convention" and the new "criminalprocedural law", based on the analysis and rethink profoundly on China’s currentsituation of corruption, characteristics and reasons, attempt to set up a special suitablefor corruption and bribery crime booty program and make a contribution to ourcountry anti-corruption legislation and practice. Besides introduction and conclusion,this article is divided into three chapters as below brief content:The first chapter: Starting from the origin corruption, on the basis of analysis anddemonstration, refines and define the meaning, range of corruption and throughfurther analysis to definite it, to analyses the characteristics and nature of booty, so asto clear the connotation of corruption and bribery cases booty programThe second chapter:"the UN Anti-Corruption Convention" clearly stipulates thecompulsory measures in order to preserve the property, like search, seizure, freezingand recovered. Our companies perfect the implementation of these measures and theproperty in the new criminal procedure law, but did not reach to the purpose of thebooty. The author thinks that relates to the booty program to all aspects of criminallitigation, we should find out the lack of legislation under the “UN Anti-CorruptionConvention ", not only to identify the attachment, seizure, freezing as an investigative measures, but also confirm the nature of the recovery of compulsory measuresinvolved in the property. In addition, in the case of corruption and bribery, we shouldalso expand the range of property preservation measures and establish the applicablecondition of property preservation measuresThe third chapter: The discus of this part is based on the second chapter. Basedon the special forfeiture of the new criminal procedure law, the author put forward theexisting problems, and then according to analysis of legislation and practice tostipulate the situation of booty program that the accused is not on record which isincluding registration and acceptance procedures, confiscation application procedures,preservation procedures, review, trial procedure, implement procedure and almsgivingprocedure...