| With the development of economic globalization,the transboundary movement of corrupt criminal assets in China is becoming more and more rampant.The number of people involved is becoming more and more;the level of people involved is getting higher and higher;the money involed is getting bigger and bigger and the method used also is becoming more complex.It's time to resolutely crack down on corruption and cross-border recovery of corrupt criminal assets.Therefore,the author,based on the legal research of China recovering the proceeds of corrupt crime under the new pattern of anti-corruption,describes the current situation and harms of the transboundary movement of corrupt criminal assets,and describes China's anti-corruption work Achievements,especially after 2014.By combing the methods of recovering corrupt assets stated on "United Nations Convention against Corruption" and China used,we find the problems of China recovering corrupt criminal assets,and then put forward some simple suggestions to promote the anti-corruption.Among them,the first chapter is the introduction.It based on the phenomenon of a large number of corruption assets outflow existenced on China,describes the harm to a country's economy,politics and the rule of law caused by the corruption.The second chapter is the status quo of anti-corruption in China.This chapter includes two sections,the first section is China's achievement on recovering corrupt criminal assets.China continuous uses the new methods of recovering corrupt criminal assets.And the same time,the system has also been improved to protect the practice of development.The second section is the formation of a new pattern of anti-corruption in China.In 2016,the G20 summit was held in Hangzhou,the participating countries pass three resolutions: "the Group of 20 anti-corruption to pursue the high spirits of the principle";to set up a research center;and the "G20 2017-2018 anti-Corruption action plan ",thus " trinity " of the new pattern of anti-corruption formally formed.Chapter III is a legal overview about recovering foreign corrupt assets.First,the definition of "outside","corruption" and "corrupt assets" is defined in the first section of this chapter,laying the groundwork for the following discussion.The second section carries out a basic overview of the way of recovering corrupt assets adopted by the United Nations Convention against Corruption and the practice of China recovering the proceeds of corrupt crime through theoretical control practice.The fourth chapter is the legal difficulties in the process of recovering the foreign proceeds of crime.Especially discussing those method's difficulties established on the Beijing Anti-corruption Declaration.First,the absence of an extradition treaty with the main influx of corrupt assets;second,the inability to effectively use the information-sharing platform for cross-border activities of illegal income;thirdly,the unreasonable system;fourthly,there is no general assets agreement with foreign country.The fifth chapter is the institutional improvement of recovering the proceeds of corrupt crime under the new pattern of anti-corruption.This chapter mainly focuses on the problems mentioned in Chapter 4,and thinks that China should use various methods in the process of recovering the proceeds of corrupt crime,improve the information sharing platform to realize the rapid circulation of information,perfect the existing Confiscation system,establish asset sharing Mechanism to make sure the successful recovery of corrupt assets.The conclusion is part of the summary of the full text.It points out the chapter between the intrinsic logical relationships,and shows the overall structure of this article and research ideas. |
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