On A Study On The Mechanism Of International Criminal Mutual Legal Assistance In The Recovery Of Stolen Goods Abroad

Since 19 big,new era in jinping,guided by the thought of socialism with Chinese characteristics against corruption is a word gradually into people’s horizons,some people from outside as method,after the crime fled overseas to become the only option for them to escape punishment,one of the officials for corruption be brought to justice,this also show,to attach great importance to the anti-corruption work in China,at the same time,in overseas how to catch the perpetrator and recover dirt become the emphases and difficulties of anti-corruption work.On December 10,2003,China signed the United Nations convention against corruption,making a contribution to the world’s anti-corruption work.In a series of actions such as skynet and fox hunting,China cracked down on corruption crimes,arrested many criminal suspects who fled abroad,and recovered a large number of criminal assets.But influenced by some objective conditions,recover from outside the corruption crime income relative to the loss is very small part of total assets,as signatories of the United Nations convention against corruption,how effective use of assets in the convention to recover mechanism,how to perfect our country overseas recover stolen money or goods of international criminal judicial assistance mechanism become a problem worth to investigate.In view of this,this paper takes the international criminal judicial assistance mechanism for overseas asset recovery of corruption crimes as the research object to carry out research.The dilemma and future of China’s international criminal judicial assistance law is an important legal issue to be solved urgently.From the perspective of the dilemma and prospect of China’s criminal judicial assistance law,this paper puts forward Suggestions on improving China’s international criminal judicial assistance mechanism.The main body of this paper consists of six parts:The first part is the introduction: the background and significance of the research,the status quo at home and abroad,the research methods and innovative points.The second part is the general problem of the international criminal judicial assistance mechanism for overseas asset recovery.This paper explains the definition of "goods" and the meaning of "circumstances" and the meaning and scope of international criminal judicial assistance.The third part summarizes the current situation of the international criminal judicial assistance mechanism for overseas asset recovery.It mainly explains the relevant provisions of the United Nations convention against corruption on the asset recovery system and the specific methods of asset recovery abroad.As well as the basis of domestic law in continental law countries,the basis of domestic law in Anglo-American law countries,and the basis of domestic law in international criminal judicial assistance.The fourth part is the deficiency of the international criminal judicial assistance mechanism for the overseas asset recovery.The defects in law mainly include the lack of confiscation procedure of illegal income,the natural defects of default trial procedure,the lack of legislation on China’s recognition and enforcement of foreign confiscation adjudication system,the poor connection between China’s international criminal judicial assistance law,supervision law and extradition law,and the imperfect asset sharing mechanism.In practice,the imperfection is mainly caused by the need to further improve the image of the rule of law in China,the poor information communication and coordination of the overseas fugitive and asset recovery,the unclear division of functions of relevant departments,the lack of professional talents,the fear of difficulties in functional departments,and the lack of experience in asset recovery outside China.The fifth part is the improvement of the international criminal judicial assistance mechanism for asset recovery.The first is to improve the legal aspects of the Suggestions: to improve the confiscation of illegal income procedures,improve the default trial procedures,amend China’s recognition and enforcement of foreign confiscation adjudication system,strengthen the "international criminal judicial assistance law" and "supervision law" and "extradition law" content coordination,the establishment of asset sharing mechanism.Thesecond is the practical Suggestions: to strengthen the international criminal law exchanges and publicity abroad,improve the international criminal recovery information sharing abroad,unify the international criminal judicial assistance liaison organs,strengthen the international chase team construction,expand the international judicial cooperation.