The Study On Operating Mechanism In Direct Recovery Of Cross-border Asset Recovery

The United Nations Convention against Corruption(hereinafter referred to as the Convention)is the first international convention specially formulated to combat corruption crimes in the world.The direct recovery of assets provided by the Convention opens up a new way for overseas recovery of stolen goods.The provisions of the Convention are the first time to introduce civil channels into the international criminal justice system,it broadened the way of overseas recovery system and provided new ideas for overseas recovery of stolen goods.Since the Eighteenth National Congress,China has carried out international cooperation in an all-round way,and has made rapid progress in the pursuit of stolen goods abroad.There are more than half of the "100 Hong Tong figures" have been recovered.But the recovery of stolen goods is not very smooth.Compared with the assets illegally transferred abroad,the recovered assets can be described as "the tip of the iceberg".Although China is a party to the Convention,due to the lack of a complete operation mechanism of direct recovery of stolen goods abroad,the direct recovery mode stipulated in the Convention has not been effectively implemented in China.The purpose of this paper is to study the direct recovery of overseas stolen goods.The purpose of this paper is to study the direct recovery of stolen goods abroad.Combining with the relevant provisions of the Convention and domestic legislation,it analyses the current situation of the operation mechanism of direct recovery of stolen goods abroad in our country,and finds out the difficulties and reasons for the application of this mode in our country.It puts forward some suggestions to improve the operation mechanism of direct recovery of stolen goods abroad with Chinese characteristics.It is divided into the following four parts:The first part introduces the general theory of direct recovery of stolen goods abroad.Firstly,we should improve the international legal system of direct recovery of stolen goods abroad.On the one hand,we should improve relevant domestic legislation to bring it into line with the Convention.On the other hand,we should speed up the signing of agreements with other countries on the return of corrupt assets.Secondly,it defines the related concepts of "overseas","corruption","corruption crime","stolen goods",and combs the meaning and legal characteristics of the three direct recovery modes of assets stipulated in the Convention.Finally,it explores the advantages and disadvantages of this mode.The second part analyses the current situation of the operation mechanism of direct recovery of stolen assets abroad from the aspects of subject,procedure and effect.It is found that there is no clear subject of direct asset recovery in China's law at present,and there is also a lack of provisions on the procedure of direct asset recovery.In recent years,China's anti-corruption efforts to pursue and recover stolen goods have achieved remarkable results.There have been successful cases of using direct recovery,but few of them.We should realize that China still lacks experience in using this method.The third part is about the problems and reasons of the operation mechanism of direct recovery of stolen goods abroad.The main problems include the difficulty of determining the subject of litigation,the difficulty of choosing the jurisdictional court,the difficulty of determining the amount of compensation or compensation,the difficulty of collecting evidence,the difference of the nature of the case and the high cost of litigation.At the same time,the article analyses the causes of these problems from both subjective and objective aspects.The fourth part puts forward feasible countermeasures for the operation mechanism of direct recovery of stolen goods abroad.Firstly,improve the domestic legal system of direct recovery of stolen goods abroad and bring it into line with the Convention.It puts forward some suggestions on perfecting the Criminal Law and enacting the supporting laws and regulations of the Criminal Justice Assistance Law.Secondly,define the subject of civil action.On the one hand,it is necessary to clarify the exceptional provisions of state sovereign immunity;on the other hand,it is necessary to establish a cross-sectoral coordination mechanism to rationally determine the subject of litigation representatives.Thirdly,we should strengthen the study of the legal system of the country in which assets flow in,so as to we can select the most appropriate jurisdictional court to bring a lawsuit and reasonably determine the amount of compensation or compensation.Fourth,improve the civil evidence system of corruption crime.On the one hand,we should sign judicial agreements with other countries to strengthen international cooperation in investigation and evidence collection;on the other hand,we should establish a witness protection system and strengthen the training of witnesses.Fifthly,establish a special fund organizations to rationally allocate resources,which can provide financial support for direct recovery of stolen goods abroad.