Studies On The Plight Of Corrupting Property Recovery And Countermeasures Of China

In recent years, with the rapid development of our national economy and the expansion of reform and opening up, the problem of corruption has become a chronic illness of China’s economic development and social harmony. What’s more, with the economic globalization and the widespread of information network, assets transfer to overseas has become the first choice for many corrupt officials, which results in the corruption assets outflow that is extremely harmful to China’s economic development and the construction of work style. Therefore, after the eighteenth national congress of the Communist Party of China, China gradually stepped up a crackdown on corruption. The cross-border recovery of corruption assets become the focus of the anti-corruption work.The cross-border recovery of corruption assets is a long-term and arduous work, which faces many unprecedented obstacles. While the stolen money and goods recovery mechanism of our country has many shortcomings, the current study on cross-border recovery of stolen money or goods is still in a relatively backward stage, making the work of cross-border recovery of corruption assets extremely difficult, which means that there is a long way to go to fulfill this task. As a result, we need to analyze the deficiency of current recovery mechanism, as well as the method to perfect it, which is of extremely important realistic significance and practical value to the better implementation of cross-border recovery of corruption assets in the near future.In this article, the first chapter has mainly described the phenomena of corruption assets transfer in detail and illustrated the damage of cross-border corruption assets transfer, which focuses on the analysis of the obstacles existing in current work and the reasons why the recovery of corruption assets has get into trouble. The second chapter mainly introduces the direct corruption assets recovery mechanism and the method to perfect it, on the basis of elaborate analysis of the advantages and disadvantages of corruption assets recovery by foreign civil action procedures. The third chapter is about the indirect corruption assets recovery mechanism, which points out the legislative defects of the assets confiscation mechanism in our country, ending up with suggestions on the perfection of the judicial confiscation process in China. Finally, chapter four mainly discusses the return and disposition of corruption assets, which introduces in detail the background of assets sharing system and points out the necessity and specific approach to construct corruption assets sharing system in China.