Research On The Legal Issues Of Transnational Asset Recovery In Corruption Cases Of China

The development of economic globalization has made corruption crimes transnational,and corrupt elements have fled abroad and transferred corrupt assets abroad.A large number of corrupt assets have flowed out of China.In recent years,activities such as the “Fox Hunting" and "Operation Skynet" have been carried out overseas,the "International Criminal Judicial Assistance Law" has been promulgated,and some of achievement have been made.However,due to the fact that China has not established a mature overseas looting mechanism,there are currently several major avenues for looting that have legal obstacles,and the subject of overseas civil litigation is unknown;there is a lack of a perfect mechanism for the return and disposal of criminal assets,and foreign countries are unwilling to provide assistance;It is difficult to obtain foreign recognition and enforcement due to institutional differences.Examining mature foreign looting mechanisms,independent civil confiscation systems,criminal asset sharing systems,and sound confiscation adjudication recognition and enforcement systems can promote the efficiency of overseas looting efforts.To this end,China can learn from relevant foreign legislative experience to improve overseas piracy recovery mechanisms,and get out of the dilemma of overseas piracy recovery.This article is divided into three parts:The first part analyzes the current situation,problems and causes of overseas corruption investigation of our country's corruption crimes.By sorting out the current status of corruption crimes overseas stolen goods,it use cases to elicit legal issues that need to be solved in our country 's overseas stolen money hunts,that is,the qualification of foreign civil litigants,the recognition and enforcement of confiscation rulings,and the return and disposal of corrupt assets.From the perspective of domestic legal regulations,conflicts of interest between countries,and international cooperation,we can summarize the reasons for the legal obstruction of our country's corruption crimes in overseas pursuit of stolen goods.The second part is the investigation of extraterritorial law.From three aspects: independent civil confiscation system,asset sharing system,recognition and enforcement system of confiscation rulings,the mature mechanism of foreign countries in recovering stolen goods is discussed,which can provide a reference for China to carry out overseas corruption stolen work.The third part puts forward countermeasures to the legal problems of our country's corruption crimes in overseas pursuit of stolen goods.First,the system of additional punishment for confiscating property should be abolished,and the provisions on special procedures for the confiscation of illegal income should be improved;regarding the subject of overseas civil litigation,if the victim is a natural person or a private legal person,the civil litigation is initiated directly by the person as the plaintiff.The victim is the state,set up a special foundation as the plaintiff,and is also responsible for the handling of the recovery of corrupt assets.Second,deal with the conflicts of interest with the country where the assets flow in,improve the provisions of the Internati onal Criminal Judicial Assistance Act on criminal asset sharing,and actively seek a case handling method for criminal asset sharing.Finally,strengthen international criminal justice cooperation.Reduce China's requirements for recognition and enforcement of confiscation rulings in other countries,and use the “Belt and Road” to build an information exchange platform.