A Study On The Legal System Of Cross Border Asset Recovery And Sharing

Asset sharing is an act according to which requested country share the confiscated assets with the requesting country under the asset sharing agreement between these counties.Asset sharing,which is widely applied in the Western countries on judicial cooperation,is becoming a way of disposal of the proceeds of crime which is confiscated by the authorities.The United Nations has formulated some relevant conventions which specified the legality of assets sharing.Britain,the United States and Australia had made the law on the disposal of confiscated assets,including its range,the sharing process and the allocation proportion,which gained great effect on the asset recovery.Therefore,this mechanism possesses not only rationality and legality buy also feasibility.The author discusses the asset sharing mechanism from three perspectives: the establishment of legal consciousness,the formation of its law text and the implementation and perfection of the mechanism.Firstly,the author studies the background of asset sharing mechanism by introducing its history and development to analyze its germination,development toimprovement;secondly,applying the theoretical and empirical analysis,the author lists its legal basis from both internal and external dimensions and analyzes its application through observing data to interpret its legality and value.Finally,the author summaries the development tendency by studying its principle and pattern by analyzing its principle of relevance and mode,trying to interpret the necessity and feasibility of building this mechanism.Finally,based on the problems of Chinese relevant legal mechanism,the author tries to propose some countermeasures combining with the current situation.Since the Skynet and Fox Hunt campaigns were launched,the Chinese authorities made great progress in tracking down fugitive suspects abroad,but recovering assets was lagged behind because of various factors.Thus,building our own asset sharing mechanism is both the requirement of present asset recovery and the inevitable tendency to adapt International judicial cooperation.Especially PRC'S Law of International Criminal Judicial Assistance is taken into account as the plan of China,which indicated that the Criminal judicial cooperation of China will be more regularization.The author hopes to provide some proposals for the establishment of relevant laws and mechanism.