Asset-sharing Stolen Goods Outside International Law Analysis

Asset share is the follow-up procedures of asset forfeiture and disposal, improve asset sharing criminal assets recovery rate, filling and rich asset outflows of economic strength.Asset-sharing as a precondition to carry out cross-border recovery of criminal assets work will encourage strengthening of judicial assistance between countries, countries around the world to mobilize the power of effective punishment of crimes of corruption.Mainly to carry the stolen goods in order to promote the sharing of assets States to fight crime and to encourage other countries to actively cooperate with the recovery of criminal assets transferred to the outside. The earliest international legal basis to develop overseas stolen goods asset-sharing is "prohibited Drugs and Psychotropic Substances Convention on Illicit Traffic in Narcotic" that the Convention was first proposed asset sharing concept, advocated federal states deal with mutual legal assistance federal and state with asset-sharing manner. "The United Nations Convention against Corruption," issued in 2003 for the first time in the form of the law clearly stipulates that States Parties should share in assets within its capacity to carry out extensive judicial cooperation.Handling confiscated criminal assets internationally generally three ways: The first is the signing of foreign assets share of the stolen goods, bilateral or multilateral mutual legal assistance treaty, the confiscated assets all returned to the requesting State, this approach has been implemented mostly in developing countries. The second is flowing into the country in accordance with national legal procedures asset recovery of criminal assets, to back criminal assets recovered lawful ownership, such as Italy. A third approach is through legislative norms, the return of assets requesting and requested States signed a "sharing agreement", after deducting the necessary expenses in proportion of seized criminal assets divided. Practice, asset outflows and the requested State may be shared in accordance with a multilateral agreement to combat crime Share assist stolen goods, can also be shared according to the degree of judicial assistance shared.United States, Australia, Canada, Britain, the Philippines and other countries have special criminal asset management system, the other in terms of the proportion of the asset sharing stolen goods, methods and management institutions having their unique legal provisions and practice. Judicial assistance is determined based on the extent of the assets stolen goods outside the country to share in the United States and Australia, the most typical, through the establishment of specialized agencies recovered back official foreign criminal assets are managed according to the degree of judicial assistance to divide theassets flowing into the country’s share of the share. China and Canada share is based on bilateral agreements to carry out asset-sharing stolen goods, the degree of contribution of the agreement to share a clear division level gradient based on asset flows into the country.Reciprocity principle stolen goods outside the United Kingdom-based asset-sharing and the Philippines, it is reasonable to cover the direct costs of foreign assets share standards,appoint a special administrator of disposal of the property share of the property.China is facing a large number of corrupt elements flight with money and the judiciary recovered more difficult, not with foreign law enforcement agencies recovered the situation, China has yet to establish anti-corruption stolen goods sharing system, making some countries more reluctant to meet our return of criminal assets abroad cooperation request of the stolen money overseas is difficult to recover. Accordingly, disposition of asset recovery corruption critical analysis, to explore the feasibility of sharing assets stolen goods abroad, to safeguard China’s national interests practical necessity. China for overseas assets stolen goods from the initial attitude of sharing does not endorse, partially agree to cooperate to carry out the case now recognized three stages, to establish and implement asset-sharing system stolen goods also face greater difficulties and legal obstacles, solve the need to share the plight of regulations from the development of domestic assets, to amend the relevant laws and improve the promotion of asset sharing stolen goods international agreements signed and other improvements, including amendments to the criminal offense related assets will be turned over to the treasury regulations, clear operational rules and promoting mutual legal assistance case sharing agreement and other specific ways to achieve the set of assets between countries sharing the purpose of foreign assets share can make normalization and legalization.