A Study Of Mechanisms To Demand Back Absconding Funds From Corrupt Officials

With the increasing of corruption crime, criminals’ means emerge in an endless stream for how to steal the national property. In recent years, it happens frequently that most absconding corrupt officials escape with country’s property.They take people’s hard-earned money hall and of emperor so that they can live in an extravagant surrounding, that caused huge economic loss and political influence to our country, and it is difficult for the judicial officers to recover the huge money.So far, the problem of absconding corrupt officials is still not solved fundamentally.In order to quickly solve the problem of extradition or persuading corrupt officials home and recovering the money efficiently, it is the key to solve the problem that we must curb it thoroughly the corrupt officials’ money outside.Under this background, China need to strengthen international cooperation with other countries in recovering proceeds of corruption crime with the "United Nations Anti-corruption Convention" as the foundation, and establish the judicial system of recovering illicit money as soon as possible for the final realization of legal justice. Therefore, it is necessary to review and analysis the present situation and main problem encountered in practice of criminal judicial cooperation with other countries in the current Chinese punishment for corrupt officials, the cross-border transfer of booties and other aspects of things.In this paper, after analyzing the main causes and hazards of corrupt and flight, with the study and reference other countries’ related legal system of recovering illicit money, combined with judicial practice has encountered major obstacles, I put forward some ideas and suggestions of feasibility to prevent illicit money outflow and punish corrupt officials: On one hand, it is fundamentally that we should built the domestic law system and justice system to prevent crimes flight for articles section. On the other hand, we should know how to carry out the corresponding international judicial cooperation so as to be able to timely, efficiently recover the illicit money and give the corresponding personnel to punishment in the illicit money outflow. I hope that these suggestions can improve the legal system of recovering illicit money, as soon as possible smoothing line with the "United Nations Anti-corruption Convention" as China has signed the convention and other treaties, in order to provide a reliable legal protection for punishing corrupt officials and recovering the loss of state asset.