| From the 18 th to the 20 th National Congress of the CPC,the Party Central Committee,with Comrade Xi Jinping at its core,has been facing the new and increasingly complex situation of anti-corruption and spreading the net of overseas fugitive and stolen goods around the world.2015 to date,China has continued to carry out the special anti-corruption overseas fugitive and stolen goods operation-Operation Skynet-and successfully recovered a large number of corrupt This has created a good comprehensive effect in domestic and foreign affairs as well as in society.Although China’s overseas recovery work has made great progress in recent years,the deeper the water,the more difficult it is to enter.With the in-depth promotion of overseas recovery work,the remaining cases increase the difficulty of recovering stolen goods,the complexity of the international situation,as well as the domestic foreign recovery mechanism,is not sound and other old and new problems continue to emerge,China’s recovery of corruption assets is difficult.In order to solve the dilemma of anti-corruption foreign recovery work under the supervision system,we need to examine the operation of the foreign recovery mechanism comprehensively.In this paper,we analyze the establishment and improvement of China’s foreign recovery mechanism from the perspective of supervision law,and break down the entire foreign recovery mechanism into three parts:"pursuit," "handling," and "prevention."Pursuit" refers to international cooperation in recovering corrupt assets,"Disposal" focuses on confiscation and disposal of corrupt assets,and "Prevention" deals with combating and preventing the outflow of corrupt assets.In the meantime,we interpret the current legislative and judicial practice of"pursuit","disposal" and "prevention",and discuss the main problems in each area.Finally,from the perspective of supervision law,we propose some ideas to improve the mechanism for recovering stolen goods outside of China.The text is divided into five chapters in a general division model.Chapter 1 is the general part.It defines the concepts of corruption and foreign recovery,introduces the main ways of foreign recovery,analyzes the new changes and progress of foreign recovery in the context of supervision law,and lays the theoretical foundation for the discussion in the remaining chapters.The second chapter is the next chapter.This part follows on from the foreign recovery mechanism to the foreign recovery mechanism,and then leads from the foreign recovery mechanism to the current situation of foreign recovery under the existing mechanism,reflections on the dilemma and ideas to solve the problem.To this end,this section analyzes the reasons why the foreign recovery mechanism must be established and further explores the ways to improve the mechanism.Based on both domestic and foreign perspectives,this paper argues that the mechanism of foreign recovery must be established on the basis of the organic combination of international cooperation in anti-corruption asset recovery("pursuit"),asset confiscation and disposal("disposal")and prevention of corruption asset outflow("prevention ").Chapters 3 to 5 are the sub-part.The main line of research in this part is "pursuit,disposal,and prevention",and the current situation,dilemma,and solution are discussed as follows.Chapter 3 focuses on the analysis of the current situation,and examines the current legislative and practical situations of international cooperation in asset recovery,nonconviction-based confiscation and asset sharing systems in asset confiscation and disposal,and anti-money laundering mechanisms and asset declaration systems for public officials in preventing the outflow of corruption assets.Chapter 4 is based on problem analysis.In the process of recovery,the quality of bilateral treaties is not effective,and the domestic laws are not well aligned with UNCAC;in the process of disposal,the choice of domestic confiscation procedures is unclear,and the scope of confiscated property is vague,while the operational details of asset sharing are lacking and the asset sharing management system is inadequate;in the process of prevention,the legislative and regulatory systems of anti-money laundering mechanisms are not up to date with the practical work,and the property declaration of public officials is flawed.The content of the anti-money laundering mechanism is deficient,and the property disclosure link is missing.Chapter 5 focuses on cracking the dilemma.In the context of the supervision law,this article believes that the key to cracking the current dilemma of pursuing the proceeds abroad in China lies in the organic combination of "pursuing,dealing with and preventing" : "pursuing",giving full play to the coordinating role of the State Supervisory Commission in pursuing the proceeds abroad,continuously weaving the network of bilateral treaties related to pursuing the proceeds abroad and To "pursue",give full play to the coordinating role of the State Supervisory Commission in the recovery of proceeds from abroad,continue to tighten the network of bilateral treaties related to the recovery of proceeds from abroad and strengthen the ability to apply them,actively improve the UN framework for the recovery of proceeds,and effectively utilize the important force of social participation in the recovery of proceeds."Prevention",strengthening anti-money laundering criminal and administrative legislation,promoting information cooperation between law enforcement agencies and agencies obligated to anti-money laundering,as well as improving the existing content of property declaration regulations and establishing a property disclosure system under property declaration. |
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