Legal Study On Cross-border Asset Recovery

Corruption hinders economic development,not only erode the fruits of reform and development,it would undermine the country and the Government's image and affect social stability.Therefore,my Government has always attached great importance to anti-corruption work.With the deepening of China's anti-corruption work,outside of growing efforts to combat corruption,recover booty outside job and is more and more important.During the process of recover booty outside,anti-corruption cooperation between countries is extremely important,enhanced international cooperation will become the only way to cross-border corruption.Outside the anti-corruption work smoothly,China joined the United Nations Convention against corruption in 2005.Convention of signed for China outside recover booty work provides has basic of legal guidelines and according to,but in China outside recover booty work carried out of process in the,also exposed out has some problem,as assets directly recovered litigation in the China no suitable grid of civil subject representative national for assets recovered of litigation;assets indirect recovered system of applies is because China missing on foreign sentence of admitted and implementation of system specification and big discount.In addition,asset-sharing,the lack of civil forfeiture regime for our overseas recover booty brought a lot of inconvenience.This paper is divided into three parts,first chapter discuss recover booty outside legal overview,starting with international and domestic laws and regulations discussed outside the legal basis for recover bootyand then recover booty from overseas law enforcement body,recover booty and recover booty three introduced China's recover booty outside legal content.The second chapter focuses on current problems facing China's recover booty outside first,recover booty outside international legal difficulties encountered by other,recover booty outside domestic legal difficulties they are facing.The third chapter,recover booty from outside our country faces specific problems,targeted some conception of perfecting the overseas recover booty system.