A Study On The Confiscation System In The International Recovery Of Corruption In China

With the development of economic globalization and the weakening of state control over economy and society,corruption is no longer a local problem,but a transnational phenomenon affecting all societies and economies.Corruption crime shows the trend of globalization and internationalization,with obvious transnational and foreign-related characteristics.With the internationalization of corruption crimes,corrupt officials flee and the cross-border transfer of the stolen money of corruption crimes.Since the Eighteenth National Congress of the CPC,the central leadership has clearly put forward that "corruption must be countered and corruption must be eliminated",demonstrating a firm determination to punish corruption.As of November 2014,China has signed 106 kinds of judicial assistance treaties with 68 countries and regions,established judicial and law enforcement cooperation mechanisms with the United States,Canada and other countries,and initially established a cooperative network for overseas stolen goods recovery.Therefore,the improvement of China’s anti-corruption international seizure and confiscation mechanism has a certain political basis,public opinion basis,practical basis,with the necessity and feasibility of establishing.Although China has made some achievements in combating corruption abroad,the amount of money recovered is only the tip of the iceberg,and the process of recovery is difficult and time-consuming.One of the reasons is that China’s anti-corruption mechanism of recovery and confiscation is not perfect,which restricts the development of this work.At present,there are many studies on the criminal law of anti-corruption overseas stolen goods recovery,and the importance of international cooperation has been paid attention to.There is a clear understanding of the dilemma of China’s Anti-corruption International Cooperation Department,but the research on how to improve the confiscation system needs to be further strengthened.Therefore,this paper chooses this topic as the research object,intends to find problems from the practice of anti-corruption and recovery of stolen goods,enrich the advanced legislation and judicial experience of relevant countries as the basis of argument to analysis and suggestions,guide cases with legislative theory,perfect legislation with cases,combine empirical and theoretical methods,and make the system of recovery of stolen goods and confiscation abroad in our country.Some suggestions are put forward to improve the system.This paper makes a comparative study of the international anti-corruption recovery and confiscation legal system and combines domestic and foreign anti-corruption recovery cases,such as the recovery of Yu Zhendong’s corrupt and stolen money case,the recovery of Li Huabo’s corrupt and stolen money case,and the recovery of former President Ferdinand Marcos’corrupt and stolen money case in the Philippines,to carry out the dilemma of China’s international anti-corruption recovery and confiscation mechanism.The analysis mainly elaborates from three aspects:imperfect legislation of criminal confiscation,malpractice of civil recovery system and lack of legislation of international collection cooperation.Then,guided by the problem,through the analysis and Research on the operation mode of the international anti-corruption recovery and confiscation mechanism in China,aiming at the dilemma of the international anti-corruption recovery and confiscation mechanism in China,this paper puts forward specific system construction programs,mainly from improving the criminal confiscation legislation,adding the civil recovery system and improving the international cooperation in confiscation.Relevant legislation is discussed in three aspects.Concerned about the confiscation of illegal costs,the abolition of all personal property confiscation alternative measures.In the course of the study,this paper pays attention to the Regulations on the Application of Procedures for Confiscation of Illegal Income in Criminal Suspects,Defendants’Escape and Death Cases promulgated and implemented on January 5,2017,and puts forward flexible and pluralistic proof standards for special confiscation procedures,and explores them in combination with the Supervision Law.At the same time,it pays attention to the application of the civil recovery system,advocates the use of civil litigation means and the establishment of civil confiscation system,and puts forward that the full use of anti-money laundering means urgently needs to improve the anti-money laundering criminal legislation,strengthen the international cooperation of confiscation with the cooperation of anti-money laundering as the breakthrough point,so as to achieve the effect of overseas recovery of stolen goods.