Research On International Criminal Judicial Assistance Of Pursuing Corrupt Criminals

Over a period of time, it has been very prevalent that corrupt offenders abscond with money, which has made investigation and evidence collection more difficult to a great extent. Once the cases occur, it is always extremely difficult for the country to take back the illicit money and the booty, and those cases, plus the law breakers concerned, can result in a large loss of state-owned asset, damage China’s fine international reputation, and pose a huge challenge to China’s economic development and the development of the country’s rule of law. Hence, at present, in the domain of international criminal judicial assistance in anti-corruption, it is a crucial subject to find ways to cooperate and communicate with international community, retrieve national losses, and safeguard the achievements of China’s reform and opening-up.International criminal judicial assistance refers to a sovereign state’s assistance act involving criminal proceedings, according to other countries’ request, and based upon the multinational international treaties or reciprocal principles the country has joined and the Sino-foreign bilateral treaties. The rapid development of globalization shows that fighting against corrupt criminals is not only an internal affair but also a global issue concerning every country’s economic and social development. Therefore, it has generally become a common political will and appeal of rule of law among the majority of countries to strengthen international criminal and judicial cooperation in anti-corruption. During these years, China has taken chance to sign treaties on judicial assistance and joined quite a few influential international conventions due to the country’s awareness of the important role international criminal judicial assistance plays in anti-corruption. Nevertheless, China is still faced with many difficulties in practice due to the fact that China starts relatively late in international criminal judicial assistance and lags behind in the concept of judicial assistance because of the unsound legal systems. And the difficulties include problems of unsound domestic and foreign legislation of judicial assistance, defective extradition system, difficulty of taking back and returning back corrupt assets, lack of system of recognition and enforcement of foreign criminal judgment and single system of judicial assistance. Fortunately, lots of things can be learned from legislation and practice of international criminal judicial assistance to perfect China’s criminal judicial assistance system. Furthermore, there is a bright future in the perfection of China’s criminal judicial assistance with the emergence of new judicial assistance concept, dilution of the principle of double criminality, creative regulations of extradition and new ways of international criminal judicial assistance occurring in recent years. As to this, the author puts forward suggestions to perfect China’s legislation in criminal judicial assistance, amend and supplement extradition system, establish mechanism of taking back and enjoying corrupt assets, admit and implement foreign criminal sentence and confiscation verdict, and establish new ways of international criminal judicial assistance. The mentioned measures will relive difficulties and pressures in practice of China’s international criminal judicial assistance with the respect of anti-corruption to a great extent.Employing the methods of induction of summarization, the thesis draws on domestic and overseas advanced research fruits, refers to domestic and foreign legislation in international criminal assistance, and combines the typical cases in practice of China’s judicial assistance to analyze the existing problems of China’s international criminal judicial assistance as well as offer perfection measures accordingly based on the basic things just like the concept of international criminal judicial assistance, etc. The subject aims at studying how to strengthen criminal and judicial cooperation with every country to punish corrupt officials who are absconding, and offering perfection measures accordingly so as to arrest offenders absconding and corrupt assets to a largest degree and safeguard China’s national interest and international image.