Overseas In Pursuit Of Anti-corruption And Obstacles Encountered Coping Mechanism

With more and more globalized, the number of corrupt officials are also increasing, often carry huge stolen money fleeing to foreign countries, which brings a very serious negative impact to China’s political, social, economic. 2014 Third Plenary Session of the Central Discipline Inspection requirements deepening international cooperation against corruption, and vigorously promote the pursuit work. Against this background article from the definition of the object of pursuit;building an international information exchange mechanism;enhancing the use of extradition mechanisms, playing utility of alternative measures of extradition, of these four aspects, to provide intellectual support for the oversea pursuit.Article begins with domestic law and in accordance with the relevant provisions of the multilateral conventions to define the object of pursuit category. Since there are differences in the categories of crime, so different kinds of persons who fled abroad after the crime. But these are not the objects discussed in this article. This paper argues that in the line of duty job is corrupt officials have the common features, it is also based on this, compared to provisions in the Convention on the other subject, bring unique obstacles to the subsequent pursuit of work and more difficult, so pursuit object mining the definition of China’s "criminal law", "national staff member" is more reasonable.The first chapter mainly elaborates the reason and the concrete measures of constructing the international information exchange mechanism. From the first quarter of the corrupt officials mode analysis, the officials such as transfer of property information, change of nationality information, access environment information and information control is often missing, thus in the prevention of flight and afterwards pursuit with the drawbacks of the very large. The second section describes how to construct the mechanism, the principle of information exchange mechanism is the use of the FATCA act of the United States and other countries signed an intergovernmental agreement(IGA). For the nationality of the corrupt official information, outbound information. This paper is a proposed with the world’s major countries signed information exchange idea of bilateral agreements, and carries out a feasibility analysis; second is that should make effective use of the United Nations Convention against corruption involving the relevant provisions of international cooperation.The second chapter mainly expounds the obstacles in the work of extradition. The first section analyzes the main difficulties: 1 The number of extradition treaties concluded by our country is less than that of the country, which is almost impossible to carry out in strict compliance with the pre- doctrine of the state. 2 When a case agreement is reached by the reciprocity principle or the Multilateral Convention, the negotiation process takes a long time, and the investment resources are more. 3 The principle of non extradition of nationals of the country is hard to overcome.4 Corrupt officials often fabricated by the illusion of political persecution. 5 China can not effectively use existing treaties. In the second section, through the analysis of the data released by the Central Commission for Discipline Inspection, the effect is not obvious in the short term.The third chapter mainly elaborates the countermeasures. The first section mainly puts forward the solutions to the difficulties one by one: 1 Improve the legal environment in China, improve the credibility of the judiciary in the international community, so as to speed up the conclusion of the extradition treaty. 2 Some did not strictly grasp the principle of pre treaty countries, we must strive to reach agreement based on the principle of reciprocity case. 3 To provide evidence for the identification of political prisoners. 4 Suggestions for China’s "Extradition Law" by the principle of non extradition of nationals of relativism. 5 To integrate the relevant body functions, to effectively use the existing treaty. The second section focuses on the effectiveness and orientation of the current phase of the extradition alternative measures.