Font Size: a A A

Research On Chinese-Foreign Criminal Justice Cooperation Mechanism For Confiscation Of Recognition And Enforcement

Posted on:2020-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y S HuangFull Text:PDF
GTID:2416330572980934Subject:Law
Abstract/Summary:PDF Full Text Request
Recognizing and implementing foreign confiscation rulings is an important mode of cooperation in the process of international criminal justice cooperation.It is also one of the main ways of overseas pursuit of international conventions such as the United Nations Convention against Transnational Organized Crime and the United Nations Convention against Corruption.According to the principles of international law,each country has its own judicial sovereignty.The confiscation ruling made by a court of one country is valid only in its own territory.It does not automatically produce legal effects in other countries.It can be solved well by mutual recognition and enforcement of foreign confiscation rulings.The issue of jurisdiction.However,mutual recognition and enforcement of confiscation decisions between countries is still related to the national sovereignty of a country,the application of domestic law and even political issues.Therefore,many countries have participated in the international criminal justice assistance to recover the proceeds of crime in this way,but some countries do not allow this to solve the problem of assisting confiscation and seizure.This situation has caused tremendous resistance to the current overseas pursuit of the situation,so we urgently need to strive to reach a certain international consensus in this regard,and build a longterm special cooperation mechanism to more effectively serve the international criminal justice cooperation to recover criminal proceeds abroad.At present,China's anti-corruption situation is still very serious.Although the current pursuit of recovery work has made great progress,the results of the pursuit are still only the tip of the iceberg that has lost overseas funds.Based on the needs of the current situation,an effective confiscation of referee recognition and enforcement is established.The special judicial cooperation mechanism between China and foreign countries will be conducive to the efficient development of China's overseas pursuit work and fruitful results.Recognizing and implementing foreign confiscation of referees is an important part of international criminal justice cooperation.In order to effectively improve cooperation efficiency,it is very necessary to establish a special international cooperation mechanism.This requires a deep understanding of the content of the international criminal justice cooperation and the recognition and enforcement of the confiscation of the referee,and it is also clear,and it must be combined with the current practice of cooperation cases and specific legislative provisions to make a specific analysis.Of course,the final goal is still how Establishing the confiscation of the referee's recognition and implementation of the Chinese-foreign criminal justice cooperation mechanism proposes some ideas,from the perspective of China,how to improve its own legal system and establish a scientific and perfect criminal justice cooperation mechanism with other countries or international organizations on the confiscation of referee recognition and enforcement.
Keywords/Search Tags:International Criminal Justice Cooperation, Confiscation of Ruling, Recognition and Enforcement, United Nations Convention against Corruption, Cooperation Mechanism
PDF Full Text Request
Related items