On The Improvement To Mechanisms Of Cross-Border Anti-Corruption And Illicit Asset Recovery In China

With the rapid development of global economy, the pattern of economic integration has been formed, which leads to the problems of corruption exist in no longer a country but become increasingly complex, more collectivization and transnational, and common challenges for all nations. U.N. secretary-general Ban Ki-Moon said:" For corruption, there has been a fundamental change global attitude. In the past, bribery, corruption and illegal capital flows were often seen as part of the costs of the business, but today the corruption is mostly regarded as being a crime and corrosion behavior. The sustainable development agenda 2030 made planning in all aspects of the fight against corruption, and urged countries to sharply reduce the illegal capital flows and recover illicit assets. The loss of money due to corruption is catastrophic for a society, because what was originally used for building schools, improve hospitals, clinics, and other important public service is now owned by some criminals or corrupt officials. Corruption also increases social violence and make the situation unstable. This phenomenon leads to citizens’mistrust of the governments, and dissatisfaction with public institutions. If you want to burst, society must full of angry voice and instability factors." Each Country, in dealing with the anti-corruption issue, faces the same international problems, especially in the process of cross-border illicit asset recovery, so they need more cooperation between each other. In this background, in 2003 the 58th UN general assembly the 51st plenary meeting voted and formed the world’s first specialized international convention against corruption-the United Nations Convention Against Corruption (hereinafter referred to as the convention).Great importance has always been attached to the anti-corruption work in China. Both the party and the government have repeatedly emphasized the urgency of fight corruption crimes in many different occasions. Anti-corruption work in China recently appears with new features, e.g., some corrupt officials flee abroad with a large amount of cash or transfer assets abroad by way of money laundering, to avoid the domestic legal sanctions. These illegal activities not only damage the interests of the social economy, and cause huge property to outflow, but also severely cripple the public credibility of the political systems, which even endanger the security and stability of the states. Hence, we should step up efforts to crack down on graft and corruption and put the recovery of outflow property in the first place of overseas anti-corruption. Since the 18th National Congress of the Communist Party of China (CPC), under the leadership of General Secretary Xi Jinping, the CPC Central Committee has repeatedly stressed the importance of international activities in pursuit of stolen goods job. Especially since 2014, our country to vigorously promote the anti-corruption and pursuit recover stolen money or goods abroad, carry out the "fox hunting 2014", "justice" in 2015, unprecedented. Our country has built a pursuit of corrupt skynet, the action is a symbol to express China’s anti-corruption determination. On December 10,2003 in China signed the convention, in recent years, more and more attention with foreign cooperation, with some countries one after another reached an international agreements and bilateral treaties.Although many countries have international overseas corruption crime’s subjective will, but in practice, due to the various countries’ domestic legislation, especially the national interest first, the existing mechanism of international cooperation against corruption still exists many problems and deficiencies the multinational recover stolen money or goods of all the difficulties in our country. Therefore, we need to understand the domestic anti-corruption recover stolen money or goods and reality, outlook the development direction, to face the challenge, constantly improve the system building of the anti-corruption recover stolen money or goods, better implement corruption combating transnational crime. This paper mainly includes following three parts:the first part generally summarized the status of China’s anti-corruption and recovery of illicit assets. We study from the current international to domestic legislation and practice on the progress, to see our country’s progress in recent years and the achieved efforts on the corruption problems. In the second parts of this paper, we points out the overseas anti-corruption recover illicit assets work faces many difficulties, from the asset recovery mechanism, the mechanism of criminal judicial assistance, the corruption assets return and disposal as well as the practice of anti-corruption work resistance of the four aspects to be discussed. We not only compares the difference between our country and international common practice, but also points out the deficiency of the present system in our country, these restrictive factors unfavorable to effectively develop transnational recover stolen money or goods crime in our country. In the third part, we look straight into the challenge of China’s overseas anti-corruption recover stolen money or goods, targeted put forward some ways to improve, engaged in the prevention mechanism to the matter before the asset recovery mechanism is perfect, more to increase the international judicial exchanges, and innovation outside money benefit sharing mechanism, in order to better able to fight corruption crimes, effectively recovered the lost money.