Research On Asset Recovery And Sharing Of Cross-border Anti-corruption

Since the "Skynet" action in 2015,China has made great achievements in the work of international anti-corruption,100 persons wanted worldwide released by Interpol’s National Central Bureau of China has been arrest more than a half.However,compared to the work of repatriating Chinese emigrants,recovery of stolen assets from foreign country is still not going well.There are many reasons for this situation,and as far as the legal level is concerned,the lack of the relevant systems of asset recovery and sharing is one of the important reasons.This paper focus on the return and sharing of assets in international retrieval and focuses on the establishment the China program of "asset recovery and sharing" system.The first part of the paper analyzes status of relevant treaties to which China is a party and the basic path based on the existing laws and the regulations to carry out and the existence of legal dilemma;the system of asset return and sharing should be applied in China,and the concepts of "asset" "return" and "sharing" in it are defined and analyzed,combing the provisions of the relevant system in international treaties.The second part analyzes the problems existing in the international anti-corruption asset recovery in China.One is to analyse the drawbacks of the blank of enforcement of foreign judgements systems,as well as the appropriateness of deleting the relevant elements of the draft under the International Criminal Justice Assistance Act.In the work of overseas retrieval,asset recovery is often carried out through the process of confiscation of illegal income,and it is often necessary to obtain the recognition and enforcement of China’s confiscation judgment in the country where the assets are located,which becomes the premise that the assets can be returned smoothly after that.However,the relevant treaties signed by our country rarely deal with this content,and also lack the corresponding domestic law support,which is not conducive to the application of the principle of reciprocity and affects the effect of asset return.Second,the lack of international anti-corruption retrieval asset return and sharing system of detailed provisions.In the relevant criminal mutual legal assistance treaties signed by our country,although some of the contents deal with the problem of asset sharing,the corresponding detailed provisions are still absent and lack of maneuverability.The third part,about the extraterritorial experience of the reference.The main reference objects are the United States,Britain,Canada and Australia,where asset return and sharing systems are relatively mature,as evidenced by more prescriptive language,more comprehensive considerations,and more practical operations.At the same time,these countries are also the main target countries for the flight of our people,familiar with the relevant provisions and experience of these countries in the interest of our retrieval work.Part IV is a reflection on China’s project on the recovery and sharing of assets in international retrieval operations.China should clearly establish a system for the recognition and Enforcement of foreign confiscation awards at the domestic legal level,and make relevant detailed provisions on asset-sharing systems,including specific provisions on the scope of the "assets" to be shared and the proportion of shares to be shared.