Study On The Pattern Of Persuading To Return In Capturing The Escaped Prisoners Overseas

Due to the limitations of the original pursuit methods and lack of extradition treaties,the Chinese judicial authorities have explored a new way to persuade escape criminals to return to the country with the aid of legal deterrence and policy appeal in cooperation with the fugitive's hiding country,referred to as "persuade to return".It has been widely applied Since the 18 th CPC National Congress and has become the main method in the fight against corruption outside.However,it is also controversial from the date of its application.Among them,making some "promises" to the escape criminals is the key to successful persuade escape criminals to return and the biggest controversy.So it is meaningful to study this method regarding our anti-corruption situation.In view of this pursuit method needs fugitive's hiding country's cooperation and the greatest controversy its face,the comparative analysis is used to discuss the main dilemmas of this pursuit method from the international and domestic perspectives.From the international perspective,foreign media's attitude toward this pursuit method is mixed.The United States,Canada,Australia,and other major fugitive's hiding countries have many criticisms and misunderstandings to this pursuit method.From the domestic comparison,when the amount of money involved is huge,Corrupt criminals who have been persuade to return have been sentenced lighter than those arrest in domestic in the same situation with surrender.(taking bribery as an example)Whether or not the “promise” promoted that judgment is worth considering.Based on the above dilemma,we discuss the future of this new pursuit method.In the short-term,it is obviously unrealistic to abandon this method before it can quickly obtain the results of pursuit and create a realistic demand for shock effect.However,objectively speaking,overseas pursuit is a long-term strategy that requires both domestic and foreign assistance.Therefore,the long-term application of this new pursuit method needs to be cautious,and it should never be used as a primary and optimal choice.It is more necessary to rely on extradition and other forms of international judicial cooperation.It should be vi gilant with the growing respect for this new pursuit method.Anti-corruption overseas pursuit has always been a systematic project.It is not just relying on the new pursuit method can solve it,but it requires all-round and multi-faceted efforts.We should make full use of the new extradition legal basis of the "Convention",improve related laws and regulations as soon as possible within the scope of our capabilities,and actively promote and improve China's overseas anti-corruption environment,foster professional pursuit teams,and strengthen the capital guarantee and technical support.Various measures have helped China's efforts to fight against corruption overseas.