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Study On Application Of The Illegal Income Confiscation Procedure In Cross-border Recovery

Posted on:2018-06-20Degree:MasterType:Thesis
Country:ChinaCandidate:X Y WangFull Text:PDF
GTID:2346330515453430Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The Illegal Income Confiscation Procedure was established to apply to confiscate and recover illegal income and other property involved of escaped and dead criminal suspects and defendants especially transferred overseas without a criminal conviction.The "cross-border" cause the problem is much more complex than in the territory,which will involve conflict and coordination between nations and the legal system,international criminal judicial assistance cannot be adjusted and regulations of the problem only by China laws.With this,if we want to use the Illegal Income Confiscation Procedure identify and confiscate the illegal income of the located outside under the situation that the criminal suspect and the defendant escaped or dead lacking for direct evidence,it is necessary to solve a series of difficulties.For example,how to identify and take the attachment,seizure and freeze these illegal income aboard;how to safeguard the court decision can get the recognition and enforcement by foreign judicial organs;how the subsequent treatment of the illegal proceeds of the application should be carried out.Illegal income cross-border recovery require private international law assistance,so in many cases,China's recovery of foreign illegal income has to be subject to restrictions on the legal system of other countries and the constraints of the judiciary,so the solution to problems above can not only simply study on the confiscation of our own Illegal Income Confiscation Procedure itself,but also strengthen international criminal justice assistance and cooperation,and the latter is bound to go through a series of bilateral and multilateral consultations with other countries to reach an agreement can be achieved.Through the analysis of the application of the situation of cross-border recovery stolen goods and the application of the Illegal Income Confiscation Procedures in cross-border recovery,found that in the global anti-corruption,anti-organized transnational crime and other environment,although China's cross-border recovery stolen goods is being carried out more and more smoothly,illegal confiscation procedures have gradually been more applicable,but the effect is still very weak.In the final pursuit,hoping to extradite,repatriation,persuasion and other ways to arrest the suspect before the general criminal proceedings to confiscate the property involved in the majority.At the same time,the system of recovering proceeds from crime we can find that the contents of the Illegal Income Confiscation Procedure still exist great room for improvement.For example,the rights of intangible property as a result of illegal income,the establishment of asset sharing mechanism,the establishment of the "Central Organs" and so on,which can solve the current better in illegal immigration procedure drawbacks still exist.Thus it can play the expected value of the establishment of the procedure,and then play a more important role in the cross-border recovery.
Keywords/Search Tags:The Illegal Income Confiscation Procedure, Cross-border Recovery, International Criminal Judicial Assistance
PDF Full Text Request
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