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Resarch On The Recovery Of Corruption Asser Of China Under United Nations Convention Against Corruption

Posted on:2017-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y B WangFull Text:PDF
GTID:2346330536474806Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of economic and social globalization,corruption crimes become more and more internationalized.Confronted with the new situation where internationalization is increasingly prominent and corrupt funds are transferred across borders,countries with capital outflows are urgent to recover the transferred assets and minimize the loss.According to the statistics of the CPC Central Commission for Discipline Inspection,there have been 4000 fugitive officials during the recent 30 years,involving more than 400 billion RMB.On average,each fugitive official embezzles 100 million RMB.Due to the difference in legal and political systems,countries with capital outflows face multiple difficulties in recovering corrupt assets.To solve this problem,the international community has made great efforts.It adopted the United Nations Convention against Corruption(hereafter referred to as the Convention)in 2003.The Convention defined asset recovery mechanism in the international legislation for the first time.However,China is out of harmony with the Convention in many aspects: asset supervision,cross-border asset recovery,judicial assistance,etc.As one of the contracting states,China should improve the domestic laws,so as to coincide with the Convention.This paper introduces comparative analysis,literature research,historical research and many other methods.It takes the corrupt asset recovery mechanism as the research object.After making clear corruption,corrupt assets and corrupt asset recovery,the paper further explains the asset recovery mechanism,analyzes the problems and shortcomings of China in recovering cross-border assets and proposes suggestions for improvements.The paper is divided into four parts.Part 1 provides an overview of the concept of corrupt assets,the concept of corrupt asset recovery and the seriousness of asset recovery in China in the framework of the Convention.It lays a foundation for the next discussion.As for Part 2,it demonstrates the prevention and surveillance of cross-border transfer of corrupt assets,direct recovery measures,indirect recovery measures and disposal of the recovered assets.In addition,it summarizes the three characteristics of the corrupt asset recovery mechanism.Part 3 analyzes difficulties in implementing the corrupt asset recovery mechanism in China.In terms of the direct asset recovery,the problems are as follows: uncertain lawsuit qualification,high cost of litigation,great difficulties in adducing evidence and disagreements.As for indirect asset recovery,it involves proofs in the forfeiture proceedings,double criminality and recognition and enforcement of foreign confiscation decisions.The Convention is blank in the legislation of corrupt asset disposal.Due to the difference in position,this causes difficulties in practice.Part 4 corresponds to the institutional framework in Part 2.It puts forward concrete suggestions on perfecting the corrupt asset recovery mechanism in China.The Convention is an international legal document.The concrete implementation should be based on the Convention and domestic laws.However,China has failed to provide perfect and compatible systems since the signature.It still has many problems and shortcomings in recovering cross-border assets.Thus,to enhance the effectiveness of asset recovery in China,it is necessary to improve the financial regulatory system,initiate public interest litigation,file a civil lawsuit offshore,establish civil asset forfeiture system,build tainted witness immunity system and set up the system for reasonable expense deduction and sharing.
Keywords/Search Tags:Unite Nations Convention against Corruption(UNCAC), Corrupt assets, Asset recovery, System perfection
PDF Full Text Request
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