The Legal Dilemma And Countermeasures Of China's Overseas Anti-corruption Asset Recovery

Corruption is widespread in modern society.Corruption is not only detrimental to economic growth and sustainable development,it infringes upon social fairness and justice,but also seriously affects social stability and security.It has caused great harm to the politics,economy,and the rule of law in countries around the world.It is the pollution of the international community today.With the continuous deepening of China's reform and opening up and the sustained development of the economy and society,corruption has also become a chronic disease in China's social development.Many cases of corruption are frequently reported.In recent years,with the development of economic globalization,corruption crimes have gradually exhibited the characteristics of transnationalization.Many criminals have chosen to withdraw money to escape the sanctions imposed by domestic laws and to transfer the proceeds of crime overseas through various means.According to statistics,China's outflow of corrupt assets amounted to more than 800 billion yuan in the past 30 years,making it one of the major outflow countries for corrupt assets.How to recover a huge extra stream of corrupt assets has become a problem that China urgently needs to solve and think about.China has now joined the UN Convention against Transnational Organized Crime,the United Nations Convention against Corruption and other international conventions,and has concluded bilateral mutual legal assistance treaties,asset return and sharing agreements and extradition treaties with more than 70 countries.These are all China'soverseas anti-corruption campaign has provided the basis and basis for international cooperation.Since the party's 18 th National Congress,the CPC Central Committee has attached great importance to the international pursuit of anti-corruption work and has made a series of important deployments.It requires all relevant departments to intensify their work and cannot allow foreign countries to become “a paradise for sin”by some corrupt elements.Since 2014,the “Action Fox Hunting” conducted by the Ministry of Public Security and the “Action Sky Net” carried out by the Central Office for Purchasing Operations have achieved remarkable results in the pursuit of overseas flights.However,during the process of overseas asset recovery,we also encountered many obstacles and dilemmas,some of which were caused by the complexity of the cross-border corruption crime itself,and some of which were caused by the defects of our own legal system and may also exist the inherent problem of international judicial cooperation.Therefore,under the existing international cooperation mechanism,how to more effectively carry out overseas asset recovery has become an important issue.In view of this,this paper studies the legal dilemma and countermeasures in China's overseas anti-corruption investigation.This article is divided into four parts:The first part is an overview of overseas anti-corruption asset recovery.First,the concept and connotation of corruption and corruption crimes are defined;then,the definition of “stolen money ” is mainly defined,which mainly sorts out the historical changes in China's legislation on the expression of “stolen money ”,as well as international conventions and foreign legislation towards “stolen money ”were introduced and contrasted.Finally,on the basis of analysis of corruption crimes and "stolen money ",overseas anti-corruption asset recovery were defined.It was pointed out that overseas asset recovery is the unification of process and result,and the ultimate goal is to recover Outflow corrupt assets from abroad.The second part introduces the overseas legal system of anti-corruption asset recovery.First,it focuses on the analysis of the asset recovery mechanism in the UN Convention against Corruption,including the measures for the direct recovery of assets and the mechanism for recovering assets through international cooperation onconfiscation matters.At the same time,the return and disposal of assets under the Convention have been introduced.In addition,it introduced the criminal assets recovery system of common law countries and civil law countries and focused on the system and practice of asset sharing in major asset inflow countries.The third part analyzes the main ways and difficulties of overseas anti-corruption asset recovery in China.First,it introduced the status quo and the legal basis for China to carry out overseas anti-corruption asset recovery.Then,it summed up the main ways for China to carry out overseas anti-corruption asset recovery,including extradition attached requests,overseas civil lawsuits,local recovery procedures,and recognition and enforcement of China's Confiscation of the award.Finally,it points out the difficulties and obstacles that China has in carrying out overseas anti-corruption asset recovery.The fourth part is the proposal for perfecting the legal mechanism for anti-corruption asset recovery in China.In response to the predicament in practice,four suggestions were made.First,attach importance to the use of overseas methods for the recovery of civil lawsuits,including rationally determining the main body of lawsuits,perfecting China's civil litigation system,and providing adequate financial support;secondly,promoting the recognition and enforcement of confiscation rulings by China,including improving China's confiscation system and establishing China's recognition and enforcement system towards foreign confiscation rulings;the third is to improve China's asset-sharing mechanism,discusses the principle of asset sharing and plans to construct an asset-sharing law in China;fourth is to strengthen the prevention and monitoring of the transfer of criminal proceeds,and proposes to expand the subject of anti-money laundering obligations.The establishment of public officials' property declaration system and the strengthening of international anti-money laundering cooperation proposals.