A Study On Some Legal Issues Related To Cross-border Asset Recovery

With the development of economic globalization,Corruptionists have transferred their corruption assets abroad,making it more and more difficult for China to recover criminal assets.Since the 18th National Congress of the CPC,anti-corruption campaign has become the top priority of state governance.China has made great achievements in cross-border asset recovery through a series of special campaigns such as "Fox Hunt" and "Skynet".On October 26,2018,China’s International Criminal Judicial Assistance Law was promulgated,which could be seen as a huge milestone in the history of carrying out cross-border recovery of criminal assets.This paper studies some legal issues related to the asset recovery centered at China’s International Criminal Judicial Assistance Law.The paper is mainly divided into four parts:The first chapter is the initiation of the research topic,putting forward the current legal issues existing in cross-border asset recovery.Based on the analysis of the legislative evolution of cross-border asset recovery and the current legal dilemma,this paper conducts an in-depth study of the significance of the promulgation of China’s International Criminal Judicial Assistance Law,and its innovations in confiscation of illegal income,recognition and enforcement of confiscation adjudication and asset sharing.The second chapter studies the confiscation mechanism of illegal income in China.This chapter mainly focuses on analyzing provisions of China’s International Criminal Judicial Assistance Law,regarding how to request a foreign country to confiscate or return the illegal income and analyzes the inconsistency between international legislation and domestic legislation.And then it puts forward some advice about how to improve the legal mechanism for confiscation of illegal income in China.The third chapter studies the recognition and enforcement mechanism of confiscation adjudication in China.It mainly involves the feasibility and necessity of including clauses of recognition and enforcement of confiscation adjudication in China’s International Criminal Judicial Assistance Law.Then the chapter studies the irrational factors of the confiscation of all personal property owned by a criminal and passive recognition of foreign criminal judgments,and points out how to establish China’s recognition and enforcement mechanism of confiscation adjudication.The fourth chapter analyzes the asset sharing mechanism in China.The contents of asset sharing in China’s International Criminal Judicial Assistance Law is listed briefly.Then the chapter mainly focuses on analyzing the lack of detailed arrangements in the asset sharing mechanism and the contradictions with the domestic legislation on the disposal of confiscated assets,and based on above analysis to find ways to improve asset sharing mechanism in China.Finally,in view of the existing problems in China,this paper puts forward suggestions that we should consider how to perfect the relevant domestic legislation,including China’s International Criminal Judicial Assistance Law and establish a coordinated and unified domestic legal system to carry out cross-border recovery of criminal assets.The main innovation of this paper is to expound the innovation of China’s International Criminal Judicial Assistance Law and studies inconsistency between the law and the current legal system by analyzing relevant legal issues,so as to provide corresponding countermeasures and suggestions for cross-border asset recovery.