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The Legal Issues For The International Cooperation About How To Pursuit The Suspects And The Stolen Money Or Goods

Posted on:2017-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:J SunFull Text:PDF
GTID:2296330485485551Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The China economic weekly had been published an article at the year of 2011 said:from the year of 2000 to the end of 2011, the Procuratorate had been captured at amount of 18487 suspects about duty crime, and just the Supreme People’s Procuratorate had stated that they had seized the money and the stolen goods which reached 54.19 billion Yuan in five years. Official flight is often combined with asset transfers, and the last link about violations, generally has been a "naked official" before fleeing overseas. The officials and the emigration of spouses and children combine with each other, a large number of assets related their job crimes and economic crimes had been transferred abroad, there is a major problem relates to public support that once the current trend does not favor the officials, they take himself off flight overseas.With the international trend of China’s economic crime and corruption, transnational crime, spanned crime, fled abroad and other foreign crimes are becoming increasingly serious, being a troubled ill. How to combat the crime suspects who have fled to other countries and regions, to recover its illegal acquisition or the transferred crime assets, the dignity and national interests of our laws can be effectively protected, and the ability to achieve the world economic order and not threatened smoothly. Therefore, in order to combat crime better, to achieve an atmosphere of stability and harmony, only for mutual assistance with other countries to jointly cope with, as a result to safeguard the development of our economy and society peacefully.The paper builds on the basis of practice at home and abroad to follow up on the pursuit of suspect overseas and the stolen goods, according to the current status of research, there are some disadvantages about the pursuit of suspects and stolen goods abroad International research cooperation:Firstly in recent years, the number of suspects overseas and the illegal transfer of funds hasn’t a panoramic view of the research, it is a lack of reliable data support; Secondly, the process is so slowly that the bilateral agreements and extradition treaties with other countries have encountered greater resistance; and the last, there is a lack of process to description and depth profiling of transnational crime typical case of corruption, and lack of experience which can learn to other similar cases. This article will attempt to try to search in these areas and in-depth exploration.This article will be consisted of an introduction, the international overview of cooperation to the outside pursuit of suspects and stolen goods, the international cooperation to achieve the recovery of foreign corrupt officials and criminals, how to achieve international cooperation in the recovery of illegal assets, and how to achieve the purpose to pursuit stolen goods abroad. Each chapter will be built on the China’s current situation, the relevant provisions of the Convention and to draw on the experience and countermeasures etc., to seek the answers about the relevant question which how to improve legal system, as well as the difficulties and shortcomings, and how are the provisions of the International Convention, the requirements, the reference practice in other countries, etc., put forward some relevant proposals.
Keywords/Search Tags:global cooperation, overseas pursuit, overseas stolen goods, The United Nations Convention against Corruption
PDF Full Text Request
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