联合国反腐败公约与我国刑事法律完善问题分析——以资产追回为视角-analysis of the united nations convention against corruption and the improvement of criminal law in china —— from the perspective of asset recovery.docxVIP

贵州大学硕士研究生学位论文 贵州大学硕士研究生学位论文 II II UN Anti-Corruption Convention and the improvement of Chinese Criminal Law in the view of the assert recovery TU DAN Summary Corruption is an act of abusing public power to figure for private interests. A mount of corrupt criminals fled and corruption assets were transferred abroad, the anti-corruption situation is very serious in China. How to punish corrupt criminals and recover the transferred corruption assets are becoming the emphasis and difficulty in national anti-corruption struggle. The UN Anti-Corruption Convention has come into force, it established Asset recovery system to ensure the state to recover the corruption crime income outside the border, which provide a chance in anti-corruption for many countries, we can make use of this mechanism to recover the escaped corruption asserts. This paper through analysis the advantages and disadvantages of asset recovery mechanism, come into the result of indirect recovery mechanism is in a better position; but there is still a gap between the Convention and Chinas current criminal law and policy, Especially lack of formulations of criminal conviction that expropriate such asserts, when the criminals dead, escaped or absence can not be prosecuted by the relevant circumstances, it’s difficult to meet the requirements of the Convention, limits the role played by the Convention to some extent. A system to solve the attribution of the “objects” can be established by the introduction of public interest litigation in China, which independent the criminal responsibility of the person; amendment the criminal accusation and constitutive elements of crime related, achieving the goal of general prevention ， improve the rules of investigation and evidence collection in criminal procedure law to make it with international standards; revising the freezing, seizure measures ， expanding the scope of the relevant confiscation provisions， strengthen i