Study On International Assets Sharing

Asset sharing is a way of disposal of the Proceeds of crime which is confiscated by the authorities, also a follow-up process. Asset sharing can be applied in two aspects. One is domestic asset sharing,that is the division between the Federal Government and the cantons involved in the confiscation of funds.Another is international asset sharing, Often, the proceeds of crime are not located in the country where the offences were actually committed. Consequently, they can be confiscated only if two or more states work together.To encourage this cooperation, confiscated assets should be shared between the states involved in the criminal proceedings. This article mainly a study on international asset sharing.The first chapter is mainly to define the asset sharing and the related concepts. At the same time, the significance and principle of asset sharing system is analyzed. Asset sharing is the demand of the international cooperation, which encourages all the countries to fight crimes together, but the principle of respecting state sovereign rights must be observed.The second chapter mainly is to demonstrate the problem of “legitimacy” and the “rationality” of the assets of share system by discussing the legal basis and practice.The legal basis of international laws include: international conventions and multilateral agreements and arrangements, which provides guidance to countries for asset sharing cooperation. Domestic laws mainly discuss the legislation of United States, Canada, Australia and other countries whose legislations are relatively complete.Asset Sharing cooperation of international crime and transnational crime has become a new direction of the judicial assistance between countries. The asset sharing practices in anti-money laundering and drug Control of the United States is more advanced, this article mainly analysis datas about the asset sharing from 2004 to 2015, which is publiced in the United States the International Narcotics Control Strategy Report. And, two largest asset sharing cases of Swiss government with other countries are also be discussed.From the perspective of practice,we could conclude that asset sharing as a way of disposal of forfeited criminal proceedings is reasonable. Asset sharing practices of confiscated Proceeds of crime provides incentives for all countries to fight international and transnational crime together,also promotes the development of international judicial assistance.The third chapter is mainly analyses asset sharing system., including application of sharing, amount of sharing,proportion of sharing, procedure of sharing and payment and use of sharing.The forth chapter is to analyses the necessity of establishing asset sharing system in China, according to present situation of our domestic legislation and the demand of fighting crime in our country. China as a party of international conventions about anti-drug, anti-terrorism, anti-money laundering and corruption, shall perform the treaty obligations and cooperate with other countries to fight crime together. At the same time,anti-drug, anti-money laundering, anti- terrorism and punishing corruption are also the objective requirement of the construction of the law in our country. Our country’s international criminal judicial assistance law has been as this year’s legislative agenda. The auther hopes to provide some advices to the establishment of the asset sharing through the study of foreign legislation. We should establish the asset sharing which is not only suitable for China’s national conditions, but also well integrate with the international practice.