International Cooperation In Asset Recovery

In recent years,more and more criminals especially the corruptionists have transferred their illegal gains to the outside.So it becomes more and more difficult for our country to carry out cross-border recovery of criminal assets.Due to lack of the experiences of international cooperation,the effect of cross-border recovery is not remarkable.Facing with this problem,it is significant to set up a long-term and stable legal system through international cooperation to carry out cross-border recovery of criminal assets.Asset sharing and asset return as two ways which deal with the proceeds of successful forfeiture actions with countries that make substantially facilitated the forfeiture of assets through international cooperation has been admitted and accepted by many countries.Asset-sharing aims at sharing the confiscation of illegal gains between the asset recipient country and asset losing country,while asset return emphasizes that asset recipient country shall return such asset to its resource country.Asset-sharing encourages other countries to actively cooperate with the recovery of criminal transferred to the outside.On the contrary,asset return ensures the effect of asset recovery.Therefore,how to use these two ways together is essential to carry out the recovery of criminal assets.At present,the legal system of asset sharing and return has not been established in China.However,on September 22,2016,Chinese government and Canadian government signed "The Asset Sharing and Return Agreement about Disposal of Forfeits".It is not only the first agreement which contains both asset sharing system and asset return mechanism.To conclude,we shall consider how to establish a legal system to make full use of the advantages of both asset sharing and asset return,and cooperate actively with other countries to carry out cross-border recovery of criminal assets.