Foreign Countries Do Not Recognize "Confiscation Of Personal Property".

< p > < strong > corrupt officials themselves money laundering not guilty of "/strong > < /p >
< p > Professor Huang Feng suggested that at present, the competent authorities in our country have made many achievements in terms of extradition cooperation, repatriation of immigration law and prosecution in different places, but there is obviously a lack of strength in overseas acquisition of stolen goods. < /p >
The reason why P is so important is that criminals usually use money laundering means to illegally transfer assets overseas. Such as the use of false commercial contracts, loan contracts, or the registration of shell companies outside the country to disguise the transfer, acquisition or use of huge sums of money, through the transfer of funds from underground banks, the use of large cash withdrawals and multi account capital transfer to break up or mess up the transfer chain of funds and so on. < /p >
< p > after money laundering, it is more difficult for a case handling agency to prove assets illegally to a foreign country. < /p >
< p > in China's criminal law and judicial practice, money laundering is usually limited to "assisting" upstream criminals to cover up or transfer the proceeds of crime. For example, if the embezzlement briber himself transfers money to foreign countries through money laundering, such money laundering is not convicted alone, and is only considered as a measure of bribery and bribery when sentencing. < /p >
Yu Zhendong, Li Jixiang, Li Huabo and Bo Xilai did not receive investigation and prosecution of money laundering crimes in China, except for P. This kind of "self money laundering" is not conducive to the investigation and attack of money laundering. < /p >
< p > < strong > "confiscation of all personal property" abroad do not recognize < /strong > /p >
< p > HUANG Feng said that the second reason is that property rights are protected by national laws and international law, and all countries impose strict conditions, procedures and evidence standards on freezing, seizure and forfeiture of natural or corporate assets. The existing international treaties emphasize that international cooperation must be carried out within the scope of the law permitted by the assets inflow country. < /p >
< p > China's competent authorities lack the research and understanding of the legal system of foreign assets recovery. Some of the cases handling units have no way to do anything in practice, or even do nothing. < /p >
< p > in addition, the "confiscation of personal property penalty" in our criminal law reflects the old and backward concept of property punishment, which is considered to be the deprivation of the "basic human rights" of the sentenced persons in the international arena, and has been rejected by the vast majority of state criminal legislation. < /p >
< p > < strong > cooperation with other countries lacks a href= "//www.sjfzxm.com/news/index_c.asp" and "reciprocity" basis, < /a > /strong > /p >
The third reason why the P is difficult to recover foreign goods is that all countries welcome the inflow of foreign capital, and hope that these funds can be kept in their territory steadily. If the capital flows into the state, they may be reluctant to meet the demand for the recovery and return of the capital flow abroad because of their own economic interests. < /p >
< p > in addition, according to foreign requests, the investigation, control, confiscation and return of property often require the inflow of assets to invest certain manpower, material resources and financial resources. Some countries are passive in their attitude and are unwilling to pay the cost of resources to save other countries' economic losses. < /p >
So far, China has not yet established the system of recognition and enforcement of foreign confiscation orders in accordance with the United Nations Convention against Transnational Organized Crime and the United Nations Convention against corruption. It is also difficult for law enforcement agencies and judicial organs to enforce the request of freezing and seizure of assets by foreign countries in accordance with existing laws. P < /p >
< p > because of the lack of "reciprocity" in the cooperation between China and foreign countries, the < a href= "//www.sjfzxm.com/news/index_c.asp" > assets recovery /a < > basically, there is no domestic law to follow, which makes some countries more reluctant to implement our cooperation request on freezing and confiscation of criminal assets. < /p >
< p > < strong > expert advice < /strong > < /p >
< p > < strong > put real estate developers and auction houses into the ranks of anti money launderers. < /strong > /p >
< p > Professor Huang suggested that we should further strengthen the legislation and supervision of anti money laundering in China, change the practice of "self money laundering" in the current judicial practice, and increase the investigation and crackdown on "self money laundering", so that our country can recover the assets transferred abroad by means of International cooperation in anti money laundering. < /p >
< p > in the aspect of anti money laundering supervision, it is necessary to create conditions as soon as possible, including real estate agents, law firms, accounting firms, auction houses and other specific non-financial institutions into the ranks of anti money launderers. < /p >
At the same time, we should change the tendency of "punish severely, recover lightly" and "pursue heavy losses and recover stolen goods" in our criminal justice and criminal international cooperation, and eliminate the concept and practice of abandoning assets in exchange for the repatriation of personnel in international cooperation. < /p >
< p > HUANG Feng said that the existing property punishment system should be reformed as soon as possible and the scope of confiscation of property should be strictly linked to the amount of illegal income. < /p >
< p > professor Zhu Wenqi said that China will confiscate all its illegal gains in punishing corrupt officials. But in many other countries, the fines system is more widely used today. < /p >
< p > Professor Huang Feng proposes that before the legislative reform is completed, we should try to replace the "confiscation of all personal property" with fines in the trial. We should make full use of the "confiscation procedure" of the criminal suspects and defendants' escape and death cases, which is introduced into the new criminal procedure law, and strengthen the investigation and recovery of the assets of the suspects fleeing. < /p >
< p > < strong > < < /a > > < a href= > //www.sjfzxm.com/news/index_c.asp > assets > /strong > /p >
< p > HUANG Feng said that since the direct property victims of a large number of corrupt crimes are enterprises and institutions, the state should encourage and support domestic enterprises and institutions, especially state owned enterprises, by recovering assets in civil proceedings abroad, and the competent authorities of the state should fully respect and protect the independence and autonomy of enterprises in civil litigation. < /p >
< p > at the same time, give necessary and appropriate guidance and assistance within the scope of its responsibilities. The state may consider establishing a foundation to provide necessary assistance for property victims who suffer economic crimes to recover assets through overseas civil proceedings. < /p >
< p > in the international cooperation in the recovery of stolen goods, we should actively adopt and accept the practice of "confiscated assets" in order to minimize the loss of state assets, so as to increase the assets inflow country to assist our competent authorities in investigating, controlling and confiscating the enthusiasm of illegally transferred assets. < /p >