Study On Cross-border Ill-gotten Gains Recovering Under International Cooperation Mechanism

Since the 18 th National Congress of the CPC,the Party Central Committee with Comrade Xi Jinping as its Core has raised hunting for overseas fugitives and recovering ill-gotten gains to an unprecedented high degree,including starting the “Skynet”,publishing the list of “China's100 most wanted overseas fugitives”,and issuing the notice of hiding clues of some overseas fugitives.After several years of concentrated efforts,great achievements have been made in repatriating overseas fugitives and recovering ill-gotten gains,which has become an important part of the overwhelming situation in struggling against corruption.Recovering ill-gotten gains is a necessary extension of hunting for overseas fugitives,only by recovering properties,can the value of recovering ill-gotten gains and hunting for overseas fugitives be truly realized,however,compared with the overall international achievements in recovering ill-gotten gains,the achievements in recovering ill-gotten gains in China is far from enough.By 2018,through a series of special campaigns such as “Skynet” and “Fox Hunt” China has repatriated 5201 fugitives from more than 90 countries and regions in the last five years,but recovered ill-gotten gains only more than 13.141 billion yuan.It can be seen that recovering ill-gotten gains in anti-corruption field can't stop.The successful solution of this problem relies not only on the efficient work of the public security organizations and judicial authorities in China,but also on the cooperation of all countries in recovering ill-gotten gains.The lack of wide and effective cooperation in information resources management,asset sharing and anti-money laundering between China and other countries,and the limited number of bilateral and multilateral treaties in judicial assistance,we have encountered practical problems in many countries,such as information collection,property collection and so on.It is of great theoretical and practical significance to study international cooperation in the judicial field,especially in cross-border ill-gotten gains recovering.By means of conceptual analysis,comparative study and case study,this paper takes an in-depth study of the legal regulations of international cooperation in cross-border ill-gotten gains recovering on the basis of consulting a large number of domestic and foreign materials on cross-border ill-gotten gains recovering.Firstly,the paper briefly describes the reasons,background and legal basis of cross-border ill-gotten gains recovering from the definition of the concept of it;secondly,combined with the current situation of our country,it deeply analyses the problems faced by our country in cross-border ill-gotten gains recovering;thirdly,it studies theexperience and practices of the United States,Britain and Canada in cross-border ill-gotten gains recovering;lastly,in view of the existing problems in our country,it draws lessons from the advanced experience of foreign countries,puts forward specific suggestions such as improving the public security intelligence information guarantee system,improving the legal system of anti-money laundering,building a corruption assets sharing mechanism and strengthening the construction of law enforcement officials,so as to solve the present problems in our country.