Research On The Present Stage Chinese Corruption Crimes Of Cross-border Asset Recovery

In recent years, Chinese corrupt officials transfer their illegal assets to abroad in order to avoid legal sanctions and to have a leeway for themselves and families becomes a prevalent phenomenon. However, since China always bounded by the traditional thought, legal construction of retrieve of the cross-border illegal assets comparatively starting late.On 2005 December 14, "United Nations Convention against Corruption" came into effect, it detailed provisions of the five anti-corruption mechanisms. In the fifth chapter, it introduce the concept of asset recovery for the first time and elaborate this concept in a exhaustive and systematic way.This article first introduce the cross-border corruption illegal assets transfer and its retrieve situation, to understand the condition, method, hazards and significance of cross-border illegal assets transfer, at the same time, to understand the practice of retrieve of this issue.Secondly, the article briefly introduce the international legal system of retrieve of cross-border corruption illegal assets.Thirdly, by analyzing foreign related cases which summarized the general obstacle of retrieve of cross-border corruption illegal assets and by practicing in our own cases, sum up the obstacle of retrieve of cross-border corruption illegal assets in China.Finally, the article will propose several improvement method according to above-mentioned obstacles respectively. This article suppose to reveal the development of the retrieve of cross-border corruption illegal assets and the necessity of establish the retrieve mechanism. In addition, through literature analysis and case analysis, the article will reveal lacks of the retrieve of cross-border assets and put forward proposals as preliminary reference for the long-term mechanism of retrieve of illegal property.