Research On Legal Issues Of Overseas Recovery Of Corrupt Assets In Overseas Investment Of Chinese State-owned Enterprises

China’s overseas investment is a government-led overseas investment.In this process,Chinese state-owned enterprises have played an important role and are the main force of China’s overseas investment and the executor of national policies.Because state-owned enterprises are directly invested or controlled by the Chinese government,the losses caused by state-owned enterprises’ corruption in overseas investments are not only the economic benefits of state-owned enterprises,but also the economic and strategic interests of the Chinese government.In recent years,the phenomenon of cross-border transfer of corrupt assets of Chinese state-owned enterprises has generally increased.How to recover corrupt assets of state-owned enterprises’ overseas investments has become an urgent issue.The legal basis for overseas recovery of corrupt assets in overseas investment by Chinese state-owned enterprises is based on both international and domestic laws.However,from the perspective of the design of the rules of the law and the timeliness of operation,there are legal dilemmas in the overseas recovery of corrupt assets in the overseas investment of Chinese state-owned enterprises.Among them,the international legal dilemma includes bilateral extradition treaties and criminal mutual legal assistance treaties that have not been concluded with the major inflow countries of corrupt assets,The design of the recovery of corrupt assets in the signed bilateral extradition treaties and criminal judicial assistance treaties is too rough and simple;domestic legal difficulties include incomplete criminal confiscation procedures for the recovery of corrupt assets,the lack of a civil confiscation legal system,and the International Criminal Justice The agreement on the transfer of assets in the Assistance Act is rough.Therefore,from the perspective of the international environment and China’s actual needs,it is of great significance to improve the legal system for overseas recovery of corrupt assets in the overseas investment of Chinese state-owned enterprises: first,to meet the international rule of law environment requirements for "peaceful cooperation";Fulfill the social responsibility needs of "state-owned enterprises";Third,meet the market economy needs to create an "international first-class" fair business environment.At the specific level,China can improve from the following two aspects: At the international legal level,China can improve China through the signing of relevant bilateral extradition treaties,bilateral criminal judicial assistance treaties,and asset recovery cooperation memorandums between the Chinese government and the countries where corrupt assets are located.International legalbasis for the recovery of overseas corrupt assets by law enforcement agencies;at the domestic legal level,by improving the relevant domestic legal systems such as the content of corrupt asset recovery in the International Criminal Judicial Assistance Law,special procedures for criminal confiscation,and the system of civil confiscation,Recovery of corrupt assets by domestic legal basis.