Research On The American Criminal Asset Recovery System

As the world largest financial market, United States has the most convenient transportation conditions and also the loosest financial policy. As the consequence, it has suffered the terrorism crime, the crime of money laundering and other organized crime problems. United States has recognized the importance of solve these problems, and issued a large number of the regulations, such as《Civil Asset Forfeiture Reform Act of 2000 》、《the Racketeer Influenced and Corrupt Organizations Act 》 and so on. It not only established criminal forfeiture and civil forfeiture system as the main tools to assist in the asset recovery, but also expand the scope of application of criminal assets. Such as the court issued a warrant or a prohibition order, established a liquidation team, to prevent criminals use loopholes illegal transfer of property, include drug crime, corruption crime and terrorism crime. In the same time it also authorized the American judicial organs take freezing and seizing measures on confiscated property to fight against the crimes. Internationally, the United States not only has joined many multilateral international conventions, such as United Nations Convention Against Illicit Traffic In Narcotic Drugs And Psychotropic Substances and United Nations Convention against Transnational Organized Crime and United Nations Anti-corruption Convention, but also contained confiscation procedure in terms of bilateral assistance criminal judicial assistance agreement. According to a survey, America has become Chinese officials’ first choice of transfer the illegal assets about corruption, but now there is no extradition treaty and other bilateral treaty between U.S and China. Therefore, it is important to research on the provisions of the asset forfeiture and other laws through the specific cases, which will not only provide abundant data to improve the relevant system in China, but also help our country to use this methods to sue and be sued in the United States and make the stolen assets back to our country. Now China should actively hold consultations with the United States in the pursuit of the stolen goods. Besides the traditional way, we should actively seek other ways to make a new breakthrough.