A Study On The Mutual Assistance Mechanism Of Criminal Judicature Between China And Foreign

International mutual legal assistance in corruption crimes of cross-border asset recovery,that is,mechanisms for recovery of property through international cooperation in confiscation established by the “United Nations Convention against Corruption ”,also known as indirect recovery measures by many scholars.International mutual legal assistance in corruption crimes of cross-border asset recovery and measures for direct recovery of property constitute the two ways of asset recovery,The essence of this legal relationship is the mutual legal aid and mutual assistance between sovereign states.Mechanisms for recovery of property through international cooperation in confiscation include two measures.The first is the recovery of assets through the domestic forfeiture procedure in the State in which the assets are located.The second is taking such measures as may be necessary to permit its competent authorities to give effect to an order of confiscation issued by a court of another State Party.In addition to the first chapter of this paper is divided into three parts:Part one,the introduction part shows the important measures and important achievements of recovery of property from The Eighteenth National Congress of the Communist Party of China.After the introduction of the concept,characteristics,scope and basic principles of international criminal justice mutual assistance,the first chapter puts forward that cross-border mutual assistance mechanism is a new category of criminal mutual legal assistance,which is to maintain the inevitable requirement of sovereignty.The necessity and feasibility of international mutual legal assistance in corruption crimes of cross-border asset recovery,including the mechanism is to improve the efficiency of cross-border recovery of stolen goods and corruption of assets to maintain the necessity of State sovereignty.The feasibility of cross-border recovery of cross-border criminal judicial mutual assistance mechanism,including the international community has cross-border stolen goods as the content of mutual legal assistance,that is,cross-border crime of mutual assistance is the new center and a new category of mutual legal assistance.At present,there are international conventions on cross-border criminal recovery of cross-border criminal mutual assistance,and more bilateral treaties on mutual legal assistance in criminal matters can be used as legal basis.At present,China has basic domestic laws on international mutual legal assistance in corruption crimes of cross-border asset recovery,especially in the criminal proceedings of the confiscation of illegal proceeds is very important to international mutual legal assistance in corruption crimes of cross-border asset recovery.Finally,we have successful cross-border recovery of foreign and domestic criminal judicial assistance in practice for reference and reference.Finally,we have a lot of cases and practice for reference and reference.Part two,from the basic explanation of the concept of mechanism,this paper points out that theinternational mutual legal assistance in corruption crimes of cross-border asset recovery should include four aspects.First of all,there are cross-border recovery of foreign and domestic treaties on mutual legal assistance,including the United Nations Convention against Corruption and bilateral treaties on mutual legal assistance in criminal matters.Secondly,we need the relevant domestic legislation which is practicable.Our country is mainly lack of special "Mutual Assistance in Criminal Law".Once again,there is a corruption-sharing mechanism.Finally,there is a domestic declaration system for property and perfect domestic legislation on anti-money laundering laws and regulations.The obstacles to the operation of international mutual legal assistance in corruption crimes of cross-border asset recovery include the lack of a comprehensive network of agreements,the absence of specific and applicable domestic legislation,the lack of a corrupt asset-sharing mechanism,and the lack of sound domestic matching legislation.Part three,the author puts forward some feasible suggestions on how to break through the obstacle to the operation of the mechanism of mutual legal assistance,that is,the establishment of a comprehensive network of cross-border agreement;the introduction of criminal justice assistance law as soon as possible;the establishment of the more perfect legal measures against money-laundering and property declaration system.We should make full use of the experience of the Agreement on Sharing and Recovering Assets Recovered by China and Canada to build a better mechanism of corrupt assets sharing in China.