Research On Mechanisms For Overseas Asset Recovery In Corruption Crimes

Corruption is a crime of abusing public power to obtain personal interests.From time immemorial,corruption crimes are hatred by people.With the development of economic and social globalization,corruption crimes began to cross border.Recent years,more and more cases that corrupt officials flee abroad or transfer corruption assets to foreign countries are exploded.Billions of assets had been transferred to cross-border.The amount of missing money is so huge that beyond our imagination.Since the 18th National Congress of the Communist Party of China,our government attach great importance to anti-corruption work.Overseas escaped chasing and assets recovering became the center stage of anti-corruption.And we signed the United Nations Convention Against Corruption and launched the "Fox Hunting","Sky Net" action to crack down on corruptions and to retrieve corruption property.These measures have been effective to a certain extent.However,the assets we have recovered were only a very small part of the whole missing property.Because there are various obstacles and great difficulties in overseas assets recovery,as a party of UNCAC,we should take advantage of the asset recovery mechanism in convention.Therefore,how to improve assets recovery mechanism under the law frame of UNCAC become a hot issue in the anti-corruption area.Given this,this essay chose the mechanisms of overseas asset recovery in corruption crimes as the subject of study.The thesis includes the following four parts:The first chapter is the introduction of the overseas assets recovery in corruption crimes.To begin with,the author defines the concept of corruption crimes,compare the differences in the corruption crimes which would influence assets recovery between our criminal law and UNCAC.In addition,the definition of illicit money and goods was discussed from four perspectives,the term used in Chinese history,the regulations in international treaties,in other country's related legislation and in our laws.And the common law term of the illicit money and goods is the proceeds of crimes.At last,the concept of overseas assets recovery was introduced.The author also discussed the current situation and the new progress of recovering corrupt assets in China.The second chapter introduces the creation and arrangements on corruptions assets recovery in UNCAC and in foreign legislation.This chapter is focused on the asset recovery under the legal framework of UNCAC.analyzing the two ways of asset recovery,measures for direct recovery of property and mechanisms for recovery of property through international cooperation in confiscation,and the system of return and disposal of assets.This chapter also introduced the mechanisms for asset recovery both in civil law system and common law system,especially the mechanisms for retrieving and sharing the confiscation property in the state where property was transferred to.The third part is the mechanism for overseas asset recovery of corruption in China and the obstacles of international criminal cooperation in corruption asset recovery.The current legislative situation was stated from the source of international law and domestic law.Then,according to the summary of related cases,this part sums up the main methods applied in asset recovery.They are attached request,local recovery procedure,civil litigation and confiscation of illegal gains.Finally,the author analyze the basic obstacles to corruption asset recovery and the specific obstacles to applying the asset recovery mechanism in UNCAC.The forth chapter states the various improvement advice of corruption asset recovery mechanism based on UNCAC and absorbing foreign legislative experience to solve the current issues.This chapter is divided into three parts.The first is improving confiscation system.Establishing the system of criminal trial by default to solve the issue that the court can't make an effective criminal judgment when the defendant escaped is not suggested.The suggestions are mainly about the regulation in proceeds of crime,the reform of the penalty of confiscating property and the improvement of the confiscation procedures for illegal income in cases where a criminal suspect or defendant escapes or dies.The second is the improvement of the system of international juridical cooperation in asset recovery.Our country needs to enact a law about international judicial assistance in criminal matters and establish the judicial system for the recognition and enforcement of foreign criminal fines and confiscation ruling.And the third is the suggestion about establishing the system of allowing to share the confiscation of assets with other countries which give us judicial assistance.The creation includes the principles and specific rules in the share.