Study On The Legal Problems Of The Pursuit Of Stolen Goods Outside China Under The Background Of The Criminal Justice Assistance Law

China’s Criminal Justice Assistance Act of 2018 fills the gap in domestic legislation that provides criminal justice assistance to foreign countries,opens the door for foreign countries to apply for criminal justice assistance in China,and lays the basis for domestic law for China to pursue stolen goods abroad.As one of the important contents of criminal justice assistance,“foreign pursuit” is not a legal term,and can be understood literally: The property originally belonging to the country(including the property owned by the country’s enterprises or natural persons)caused by the criminal act is transferred overseas due to criminals.Two or more countries are required to cooperate with each other to return this part of the property.The way of cross-border recovery of asset-losing countries.The international conventions based on the United Nations Convention against Corruption,the bilateral criminal justice assistance treaties and national laws have detailed provisions on the confiscation and return of criminal property,and China’s Criminal Justice Assistance Law has also established a more perfect mechanism for the confiscation and return of illegal proceeds and other property involved.Unfortunately,however,recognition and enforcement of foreign confiscation awards were not included in the legislative context,asset-sharing systems were not in place,and the question of the judicial application of treaties was not mentioned too much.In the face of these problems,we can draw lessons from international conventions and other judicial practices and improve the development trend of international criminal justice cooperation in order to improve China’s Criminal Justice Assistance Law.First,at the legislative level,a system of judicial application to recognize and enforce foreign confiscation awards,asset-sharing and treaties should be established,the concept of proceeds of crime should be introduced,and bilateral criminal justice assistance treaties should be actively signed to compensate for the shortcomings of our laws on the pursuit of stolen goods abroad.Second,at the level of the management mechanism,the external liaison organs of criminal justice assistance are clearly defined,and the specialized agencies for the pursuit of stolen goods abroad are set up.Third,to build a supporting mechanism of the Criminal Justice Assistance Law,to improve China’s confiscation system,anti-money laundering legal norms to,build an extraterritorial law identification platform and legal talent pool,and to strengthen international police cooperation and other measures to promote the smooth progress of China’s overseas recovery work.