Research On The Improvement Of Asset Sharing System In International Asset Recovery In China

"Criminal asset sharing" is a very important international cooperation mechanism in the process of international asset recovery.It can greatly mobilize the initiative of the requesting country to provide criminal judicial assistance and promote the smooth development of overseas asset recovery.In recent years,with the frequent development of international judicial assistance in overseas asset recovery,China has gradually realized the necessity and feasibility of establishing the asset sharing system,and clarified the attitude of asset sharing in the international criminal judicial assistance law,but the absence of systematic and perfect asset sharing system still hinders the successful recovery of outflow assets in China to some extent.Therefore,this paper makes an in-depth study of the existing problems in China's asset sharing legislation and puts forward corresponding Suggestions,hoping to be beneficial to the establishment of a systematic and perfect asset sharing system in China.The paper is divided into five parts.The first part is a general discussion on asset sharing.In addition to the basic concepts and characteristics,this part mainly discusses the legitimacy of asset sharing from the following three aspects:Firstly,the asset sharing system is an inevitable requirement of the relativity and equality of national sovereignty.Secondly,the asset sharing system is conducive to the pursuit of equity and justice.Finally,the asset sharing system conforms to the realistic demand of improving the work efficiency of offshore asset recovery.The second part summarizes a series of problems in the cooperation between China and the main asset recipient countries through the analysis of Lai Changxing case,Li Jixiang case and Yu Zhendong case.First,the lack of the asset sharing agreement with the main asset recipient countries leads to the poor recovery effect;Second,the provisions on asset sharing are too general,resulting in weak operability,many details can not be relied on;Third,the supporting mechanism is not perfect,the confiscation system is insufficient,the confiscation ruling is difficult to be recognized and implemented by other countries and the anti-money laundering link is weak.The third part is the comparative analysis of the asset sharing system.It mainly includes relevant provisions of international law and legislative provisions of representative countries.At the level of international law,some guiding international conventions and practical international asset sharing agreements are selected.At the level of representative countries,specific provisions of the United States,Canada,Australia and the United Kingdom on various aspects of the system are introduced.This part attempts to summarize some advanced legislative experience and provide reference for the improvement of the system in China.The fourth part puts forward some Suggestions to improve the asset sharing system in China.In response to the problems raised in the second part of this paper,China should,on the basis of summarizing the experience of case cooperation,and in accordance with international conventions and the principle of reciprocity,actively sign the sharing agreement with the main asset recipient countries.At the same time,we should adopt a flexible way of sharing,with the ministry of justice as the lead competent authority,and other relevant institutions actively cooperate.To clarify the specific procedures of sharing,determine the scope and proportion of sharing in line with China's current situation,and set up a special fund account for unified allocation and management of confiscated assets.In addition,it is necessary to improve the confiscation procedures of illegal income and the anti-money laundering legal system to improve the coordination of supporting mechanisms.The fifth part makes a brief summary of this paper and makes a prospect for the improvement of the asset sharing system.