Research On Legal Issues Of Anti-corruption And Cross-border Recovery

It’s harder to recover stolen goods than to chase fugitives.At present,our country can adopt the methods of extradition,repatriation,long-distance prosecution,and persuade to return to cross-border fugitives.Since 2004,we started the operations of "fox Hunt","Sky Net" and "100 red personnel" successively,effectively reducing the stock of fugitives.Cross-border pursuit of fugitives can effectively investigate the criminal responsibility of corrupt individuals,but it cannot realistically make up for the serious damage caused by the loss of huge amounts of property to our economy.Therefore,how to effectively carry out cross-border asset recovery is an important issue.Although the 2003 United Nations Convention against Corruption has established a basic framework for all countries to recover stolen assets,and has relatively comprehensive provisions on pre-prevention and post-recovery of assets,subject to the cultural traditions and values of different countries,especially the huge differences in legal systems,overseas countries are still the paradise for corrupt people to gain profits.China has already formally acceded to the United Nations Convention against Corruption,but so far,our domestic laws are still not fully aligned with the United Nations Convention against Corruption,and the various systems designed for cross-border asset recovery have not been fully implemented.This paper focuses on the legal issues of anti-corruption cross-border asset recovery.Chapter One defines the related concepts.Chapter two introduces the United Nations Convention against Corruption,two major legal systems and China’s anti-corruption asset recovery mechanism.The third chapter puts forward the practical problems China faces in the process of cross-border asset recovery.Chapter four puts forward relevant suggestions on the practical problems of cross-border asset recovery in China.The first chapter discusses the concept of corruption.The author proposes to define corruption as the behavior that the actor abuses or makes use of public power to seek personal gains.Although this definition only emphasizes the use of public power and does not include private corruption in the private sector,it expresses the vast majority of manifestations of corruption.This chapter also expounds the recognition of "stolen goods" in the United Nations Convention against Corruption and China’s domestic law,introduces the transfer method of the proceeds of corruption crimes and the legal basis of China’s anti-corruption recovery of stolen goods.The second chapter introduces the three asset recovery mechanisms stipulated in the United Nations Convention against Corruption,and expounds the asset recovery mechanisms featured in the two law systems.This chapter focuses on the analysis of China’s anti-corruption cross-border asset recovery mechanism and lists the successful cases of asset recovery through civil litigation,asset recovery through confiscation of illegal gains and asset sharing mechanism.Chapter three analyzes the problems existing in China’s three major asset recovery mechanisms.To recover the stolen goods through civil litigation,China is faced with the question whether the participation of the state in the civil litigation of other countries can be recognized by other countries,and which organ should participate in the litigation on behalf of the state if the state brings a civil litigation.Through the process of confiscation of illegal gains,China still does not recognize and implement foreign criminal rulings,and the scope of objects confiscated of illegal gains in China is relatively narrow,leading to a low use rate of confiscation system.Although there have been successful cases of recovering stolen goods through asset sharing mechanism,China’s asset sharing mechanism is still not perfect.Chapter four puts forward some suggestions on the problems of cross-border asset recovery in China.First,prevention mechanisms should be strengthened to reduce the outflow of corrupt assets.Therefore,China should improve the anti-money laundering mechanism and pass the legislation of property declaration as soon as possible.Secondly,as for the subject of litigation,the author suggests that China can clarify the exception of the state and its property immunity through legislation or adopt the means of creating a legal person to solve the subject of litigation.Finally,to improve the asset sharing mechanism,the author believes that it is necessary to recognize the necessity of asset sharing,on this basis,to clarify the authority and proportion of asset sharing.