Research On The Establishment Of China's Construction Of The Measures For International Civil Litigation Recovery Of Corruption Assets

As a cross criminal case,corruption crime not only conforms to the provisions of the criminal law on the constitution of related crimes,but also conforms to the provisions of the civil law on tort liability.In the fight for anti-corruption,we need to pay attention to the punishment of criminal means to corruption crimes,and more importantly,to strengthen criminal means by civil means.In addition,We should take full advantage of civil procedures in civil proceedings and recover corrupt criminal assets from abroad,and stop corruption crimes from the funds.Before the establishment of the asset recovery mechanism under the United Nations Convention against Corruption,the important way and form of recovering the corrupt assets is the "extradition of the objects",which rely on criminal judicial assistance to recover the corruption asset,with the anti-corruption work advancing exquisitely,the limitations of this approach are becoming more and more obvious.The UN Convention against Corruption creatively introduce civil means into asset recovery,establishing measures for the direct recovery of property,and provides the international civil procedure for countries to choose when they recover the overseas assets,this set has been widely accepted around the world.In contrast,China's recovery of corrupt assets is still stuck in criminal means,which greatly limiting the progress of China's asset recovery work,the serious problem of asset flight,and resulting in an enormous loss of social wealth.This situation urges China to establish relevant direct recovery measures to improve the effectiveness of asset recovery.The paper takes the path of international civil litigation under the measures for the direct recovery of property as the research object,comparing other countries' practices,discusses the necessity and the realistic predicament of the recovery of corrupt assets through the international civil procedure for China,wants to establish the relevant system in our country.This paper is divided into four parts:The first part introduced the background of establishment of the measures for direct recovery of property,clear the setting of measures for the direct recovery of property by United Nations Convention against Corruption.The definition of concept of the term corruption,like corruption crime and corruption assets,and briefly reviews of the measures for the direct recovery of property,in order to discuss construction of Chinese assets in international civil litigation in the following article.The second part is to discuss the necessity of establishing the recovery path of the international civil litigation of the corrupt assets.Through the analysis of the currentlegislation of assets recovery,to clarify China's legislative and judicial corruption assets recovery is still facing great restrictions on China's corruption assets recovery work caused by the criminal means in layer,and from the application of international civil procedure,applicable procedures setting and other aspects and criminal means of comparison,the advantage of international in the path of civil litigation recover corrupt foreign assets in the process of analysis,in order to reflect the positive role of the international civil litigation path in the fight against corruption crimes,discusses the necessity of constructing the path of our country.The third part focuses on the reality of China's construction of corruption assets to recover the path of international civil litigation.Qualification from the subject of litigation and representative litigation procedure,setting the compensation subject and scope of the debate on issues related to the student loan industry,combined with the foreign law and relevant conventions,to apply the predicament analysis,in order to discuss our country system in the structure of solutions about the construction.The fourth part is based on the construction of China's domestic system,which aims to build the path of recovery of international civil litigation of corruption assets,and improve the domestic legislation.This part is from the public interest litigation,litigation subject qualification and the state representative qualification,and the civil proof system,effective selection is discussed under the jurisdiction of the court and other aspects,puts forward some improvement suggestions from the perspective of asset recovery,in order to fill the blank of civil law to punish corruption,improve the cost of corruption crime,play international civil litigation path of punishing the crime of corruption the function,so that our country through the international civil litigation to recover the flight path of assets,to crack down on the corruption criminals effectively curb corruption crime.