Research On Legal Issues Of Corruption Crimes Related To Recovering Money

Economic globalization not only deepens exchanges and cooperation between countries,but also facilitates the flight of corrupt officials abroad.In recent years,an increasing number of corrupt ofificials have absconded with large amounts of illicit money,causing hundreds of millions of state assets to flow out of the country.Therefore,the Communist Party of China and the government have always attached great importance to the overseas escaped chasing and assets recovering of corruption crimes.After the 19th national congress of the party,the Communist Party of China continued to maintain the pay more attention to anti-corruption,keep going and continue to chase.In order to better catch corrupt officials and recover money,China's legal system is constantly improving and developing.In 2018,not only the Law of the People's Republic of China on Criminal Justice Assistance was promulgated,but also put judgement by default in the Criminal Procedure Law of the People's Republic of China.The system of judgement by default provides more complete laws for case-handling organs to carry out recover money.Our "Fox Hunting Action" and "Sky Net Action" have also achieved great results.However,compared with the total amount of lost money,the recovered money are only a small part of them.China's corruption crimes still face many questions.Therefore,this paper chooses to study from the perspective of corruption crimes,including a total of three chapters:The first part is the overview of the overseas assets recovery in corruption crime.First of all,the author define the concept of corruption crime,and compare Chinese law with international conventions.Then,clarifying the concept of "illicit money".By sorting out the provisions of international conventions,foreign legislation,and Chinese laws on "illicit money",the author pointed out that "illicit money" is the criminal income.Finally,it expounds the overall concept of corruption crimes related to the recovery of money,and explains the current situation of corruption crimes related to the recovery of money in China.The second part is the laws,approaches and obstacles of the overseas recovery of money in China.This part introduces the international conventions,treaties and laws that we use on recovering illicit money.After combing and summarizing the five of our country's recovery,the author put forward the legal questions for the moment.The third chapter talks about the solution to the problems of recovering money from overseas corruption crimes in China.In response to the legal problems to the corruption crimes,corresponding suggestions are put forward.This part is divided into five parts.First suggestion is about the confiscation of illegal income.It contains about expanding the scope of confiscation of illegal income in China,and improving the utilization of international judicial assistance treaties.The second suggestion is that public interest litigation shall be initiated abroad by the public prosecution instead of the state.Third suggestion is civil confiscation shall be executed through criminal incidental civil action,this way can make up for the lack of civil confiscation in China.Fourth,increasing the number of asset-sharing treaties which signed with developed countries.The fifth is to strengthening inter-regional judicial cooperation and cooperating with neighboring countries to fight corruption crimes.