Research On Anti-Corruption Mechanisms Of International Cooperation In Criminal In Asset Recovery

With the development of political and economic globalization in recent years, corruption has evolved into a global tumor which has great impact on social and economic field. Since corruption crime was more and more complicated, organized and transnational in China, it presents the new phenomenon that more corrupt officials flees anda large number of corruption assets outflow. It not only causes a huge loss of state assets, hindering economic and political development, fueling a variety of money-laundering offenses, undermining social stability, weakening the function of criminal penalties, but also induces and intensifies domestic conflicts, reducing the party’s and the government’s prestige, damaging our country’s image in the international arena. To crackdown on corruption crime and recover corrupt assets and the outflow of funds, the government should pay more attention on the anti-corruption work. As a party of the "United Nations Convention against Corruption", there are two questions: How to effectively fulfill our obligations under the Convention? How to successfully achieve the recovery of corruption assets in the framework of the Convention? In view of this, the author chooses the international criminal cooperation in corruption asset recovery for study. The thesis includes the following five parts:The first part introduces the status of the recovery of corruption assets. In thissection, the author defines the concept of corruption asset, analyzes the phenomenonof growing cross-border transfer of asset, illustrated increasingly diverse transfer channels and subtle transfer means, with elaborating four subjects related tocorruption asset recovery. The author also discusses the current situation and the newprogress of recovering corrupt assets in China.The second part introduces the creation and arrangement on corruption assetsrecovery of the “United Nations Convention against Corruption". In this section, theauthor analyzes the specific provisions on the “prevention and detection of transfersof proceeds of crime” in the Convention from three aspects which are primarymeasures, upgrade measures and other measures. The section also analyzes specificprovisions of the direct measures and indirect measures of corruption asset recoveryin the Convention by analyzing the law, combining with theory, and it discusses therelevant provisions of the return and disposal of asset from the perspectives of basicapproach and fee arrangements.The third part introduces the obstacles of international criminal cooperation incorruption asset recovery. In this section, the author, by analyzing basic obstacles tocorruption asset recovery and obstacles to corruption asset recovery mechanism,discusses the general obstacles of international criminal cooperation in corruptionasset recovery. Also, the author by analyzing legal obstacles, request obstacles andobstacles to criminal confiscation execution system in international cooperation incorruption assets recovery, discusses the specific obstacles to corruption assetrecovery in international criminal cooperation.The fourth part introduces special practices in corruption asset recoverycooperation among countries. In this section, the author analyzes corruption assetrecovery system and measures in UK, USA, Australia and China, including cashcollection Summary Procedure in UK, civil confiscation system in USA, share of theconfiscated property in Australia, special procedures of the illegal incomeconfiscation from criminal suspects or defendants into hiding or death in China.The fifth part introduces various improvements measures to internationalcriminal cooperation in corruption asset recovery. In this section, the author analyzeshow to exert influence of International law basis of international cooperation incorruption asset recovery, and how to continuously improve domestic legislation in the framework of the Convention. The thesis discussed the character and the missionof the United Nations and its Security Council, the International Criminal PoliceOrganization and the International Association of Anti-Corruption Authorities andfinds out measures to improve the international criminal cooperation in corruptionassets recovery, illustrates how to improve and refine asset recovery coordinatingagencies and attemptes to draw up a legislative proposal of "Corruption AssetRecovery Law".