Research On The Legal Issues Of Cross-border Pursuit And Recovery

Corruption has become a stumbling block to the social development of various countries in the world.In China,corruption not only seriously affects the political life of the country,but also undermines the image and credibility of party and government organs.It is hard to imagine that when the modern judicial system is so sound,it is impossible to bring corrupt officials to justice.Over time,it will seriously affect the social atmosphere and national stability.If the criminal assets that cannot be illegally transferred by corrupt personnel will be recovered,it will be serious.It hinders the healthy development of the national economy and undermines the development achievements of reform and opening up.As the corruption crimes becoming increasingly serious around the world,in2003,the 51 st session of the United Nations General Assembly voted though the world's first international treaty specialized for anti-corruption,the UN Convention Against Corruption.and the Chinese government also acceded to the treaty in the same year.Since the 18 th national congress of the communist party of China,more and more attention has been paid to the anti-corruption work.The “big tigers”have been put on trial and got punishment as they deserved under the strong anti-corruption action of the central government.which not only acts as a deterrent to both the officials who fled abroad,and the civil servants,but also indicates China's determination to fight against the corruption.But behind the success of the anti-corruption campaign,many officials who fled abroad are still at large,squandering their illegal income from corruption and bribery.With China's economic takeing off,internationalization and collectivization of corruption has become a tendency,Corruption crime in the new period shows the characteristics of intelligent,concealment and diversification,as a result going abroad and transferring the illegal income have become the necessary ways of escape of many corrupt officials,which brought unprecedented challenges to the anti–corruption work.What this article talk about is the cross-border anti-corruption problem in China,involving two parts: chasing fugitives and recovering bribes.Chasing fugitives andrecovering bribes are two aspects of the anti-corruption.They can not be separated from each other and to be more practically significant,must be combined together to solve the problems arising during the anti-corruption.This text involves the following four parts:The first part is an overview of cross-border fugitive and asset recovery.This part expounds the definition of cross-border pursuit of fugitives and cross-border recovery of bribes,and introduces the academic concepts such as "extradition" and "repatriation",to prepare for the following passage.The second part is the research of the foreign cross-border hunting system.Use the United States as an example,discussing the hunting and retrieving system,mainly introduced the duty and asset sharing system of the U.S.Federal Marshal Service,providing the examples for us.The third part discusses the dilemma of cross-border fugitive hunting in China,which is divided into two parts: fugitive hunting and asset hunting.The recovery part mainly discusses the extradition treaty,the sentencing commitment system and the institutions responsible for the recovery of fugitives,while the recovery part discusses the dilemma of absolute immunity,the lack of domestic recovery legislation and the lack of asset sharing mechanism.The fourth part puts forward some suggestions on the development of our country's fugitive hunting and asset recovery mechanism,proposing the solutions to problems arising in the practice of cross-border fugitive hunting and asset recovery discussed in the third part and gradually establishing the scientific and long-term mechanism of cross-border fugitive hunting and asset recovery in China so as to contribute to the development of cross-border fugitive hunting and asset recovery work in China.