Research On Anti-Corruption Mechanisms Of International Cooperation In Asset Recovery

Along with the increasingly frequent economic exchanges between our country and foreign country, more and more corrupt officials will transfer corruption assets to the outside, so that they can escape domestic anti-corruption investigation and put on record send fled after use. According to relevant data, China has become a major country whose corruption assets flow abroad. However, a large number of corruption money going overseas not only influences the image of the government in exile, also seriously endangers national economic security and financial order. At the same time, our country has been carrying on the unremitting efforts in cross-border recover of stolen money or goods and pursuit of person, and has made a series of achievements, but because of the differences in ideology, the judicial system and values, and relevant personnel lack the experience of international cooperation, cross-border recover of stolen money or goods is still fraught with difficulties in our country. Thus, how to build a long-term and stable mechanism of cross-border recover of stolen money or goods, strengthen the international cooperation, so as to recover outflow of corruption assets is a problem that needs to be solved immediately.Now, corruption assets cross-border recover of stolen money or goods in our country is mainly carrying out in three ways:At first, at the same time of cross-border pursuit, submit relevant information material about corruption assets and request assets recipients be refunded; Secondly, by the domestic law of the confiscated, release a confiscation order for the corruption assets, request recipients assist the recover; Thirdly, to recover the corrupt assets in the domestic civil proceedings.The first way is to make the recovery of stolen money or goods and pursuit of persons at the same time, in this way, the action of recovery is often attached to the pursuit. But the pursuit itself has a stricter proof standard than the recover and faces more obstacles, such as the international prohibitive provisions on the extradition, condemned no extradition, political prisoners do not extradite and so on. As a result, once the pursuit succeeds, the corruption assets can be recovered by pursuit personnel’s signature authorization completely.The second way is to make the behavior of recovery of stolen money or goods separated from the traditional sense of the behavior of pursuit, this not only evade the barrier of direct pursuit behavior which faces a series of extradition terms greatly, but also can cut off the economic source of flight corrupt officials, compress their outside living space, increase the weight for the pursuit. The new "criminal procedural law" that our country revised in 2012 established the procedure of confiscation of the illegal income, providing a legal basis for confiscating flight officials’corruption assets. However, the procedure of confiscation of the illegal income in our country is faced with two problems, one is the proof standard of corruption asset the procedure of confiscation of the illegal income, the other is the sentences made by the procedure of confiscation of the illegal income in China are recognized abroad whether or not and how to be applied, which depends on the strengthening of the construction of the criminal judicial assistance mechanism with foreign countries.The third way-recovery of corrupt assets by the civil procedure, is made by relevant authorities in our country, as the plaintiff equaling verification suit, through the act of civil verification right in the outside to recover corrupt assets outflow. This way respects the judicial sovereignty of assets recipients, but gives up our country’s legal immunity. Besides, flight officials often use professional money laundering tools to send asset overseas, it is difficult to track and collect relevant evidence.In addition, even when using the ways single or together above to recover corrupt assets, there exit problems of sharing corruption assets. According to the "United Nations convention against corruption" and some judicial assistance treaty in developed countries, the problems of sharing corruption assets has become an inevitable problem in cross-border recovery of stolen money or goods. On the one hand, foreign judicial agencies assisting recovery of corruption assets also make a judicial costs, this part of the cost compensation is necessary, allowing assets share will undoubtedly encourage foreign judicial institutions to contribute more power to our country’s cross-border recovery of stolen money or goods activities, so that we can recover more corruption assets; On the other hand, establishing the system of corruption assets share will can produce a kind of demonstration effect, maing more countries positive in signing a criminal judicial assistance treaty with China and then to assist China’s cross-border recovery of stolen money or goods so as to participate in asset sharing.This paper will have a brief introduction of the present situation of cross-border recovery of stolen money or goods and the reality obstacles, and make a discussion and analysis of perfecting the mechanism of the international cooperation in cross-border recovery of stolen money or goods in our country.