The Improvement Standards For The Recovery System Of Overseas Corrupt Assets In Our Country Under The "The United Nations Convertion Against Corruption"

Corruption has a long history, which likes a cancer that is eroding the human so ciety. Corruption not only engulfs the system of democracy, social justice and public safety, but also threatens the sustainable development and a country’s political stabilit y. The economic high growth and the rapid globalization have contributed to the new characteristics of corruption crime. There are increasing cross-border corruption crime,together with which are increasingly rampant flows of corruption assets. The transfer ways of corruption assets have become much converter, which are using the barrier of the sovereign countries to escape the recovery of corruption assets. As the first int ernational legal document that focuses on anti-corruption, “The United Nations Conven tion against Corruption” advocates the scientific concept of governing corruption and t he common principle of combating transnational corruption, which is the most compre hensive and complete theme so far. This treaty establishes five legal mechanisms to p revent and combat corruption and strengthen international cooperation for the first tim e at the international level. The five legal mechanisms are prevention, criminalization and law enforcement, international judicial cooperation and law enforcement cooperatio n, asset return and recovery and supervision mechanism for the implementation of theconvention. The convention defines asset return and recovery mechanism in a specif ic chapter for the first time, which provides the basic legal norms and action guide t o the international anti-corruption issues. The agreement on the “The United Nations Convention Against Corruption” was officially identified the corruption as a new inter national crime, highlighting the strong willingness of countries to strengthen internatio nal cooperation to chase fugitives and recover the stolen money, against the crime of corruption. Compared with the number of fleeing corrupt officials and the amount of cross-border transferred corrupt assets, the proportion of the success recovery assets in the anti-corruption efforts in various countries is disappointing.In view of this, this paper selects the perspective of asset recovery mechanism of the "United Nations Convention against Corruption", conducts in-depth study of the problems related to the recovery of corrupt assets, looks at its effects of corruption assets recovery system under the the framework of the “The United Nations Convention Against Corruption” and the insufficiencies in Chinese domestic law on foreign corruption assets recovery system. It conducts detailed and thorough analysis for the obstacle encountered in our country in judicial practice where “The United Nations Convention against Corruption” could apply to. It also combines the advocacy provisions and practical experience from the “The Beijing Anti-corruption Declaration” to provide construction suggestions for our country’s anti-corruption recovery of corrupt assets.The framework of the thesis is composed of the introduction, the main body and the conclusion. The main body is divided into three parts.The first part discusses concept and value about the mechanism of corruption assets recovery. By listing the relevant provisions of the mechanism of the recovery of corrupt assets in the "United Nations Convention against corruption", it provides an analytical overview on crime and corruption assets recovery mechanism from the perspective of international law on crime and corruption assets recovery mechanism, which paves the way for the further explanation.The second part details in our country’s efforts to recover overseas corruption assets in recent years, which focuses on the current situation and characteristics of China’s cross-border transfer of corrupt assets and analyzes the plan of recovering corruption income in our country. In addition, based on systemic analysis of corruption assets recovery in the "The United Nations Convention against corruption", it compares it with the relevant system in China, providing defects in the domestic law on China’s overseas corruption assets recovery mechanism. It also provides in depth analysis on the current domestic legal obstacles to recover the assets of corruption.In the third part, based on the insufficiencies in China’s mechanism on the recovery of overseas corruption assets, it puts forward some suggestions. It explains how to construct the prevention mechanism for transferring of corrupt assets in China, and the realistic and practical significance for improving the related systems of the recovery and return of the corrupt assets in China, based on clarify the institutional innovation in "The United Nations Convention against Corruption"In addition, it also makes in-depth interpretation on hot issues including flexible usage of the principle of the "non extradition", active participation in bilateral treaties and multilateral treaties in strengthening international cooperation.