反腐败跨境追逃追赃的制度困境与路径选择

Anti-Corruption and Cross-border Pursuit:Institutional Dilemma and Path Choice

党的十八大以来我国重拳整治腐败,向全世界彰显了除腐必尽的决心。在反腐败取得显著成绩的同时,仍有一些腐败分子携带巨额赃款逍遥海外,严重削弱了我国的反腐败工作成效。由于跨境反腐败工作牵涉多个国家或地区,各国或地区之间存在诸多利益分歧,这使得我国对外面临着如何与腐败分子流入国建立合作机制的难题,对内面临着如何衔接多边条约、双边条约与国内法之间关系的难题。本文指出,以引渡为主的跨境追逃追赃机制有待完善,并建议在国际合作的基础上,建立以追赃为重心,以劝返为主要措施的中国特色反腐败跨境追逃追赃机制。

Since the 18th National Congress of the Communist Party of China,our country has made great efforts to rectify corruption,demonstrating to the world its determination to eliminate corruption.While notable achievements have been made in anti-corruption,there are still some corrupt suspects who remain at large overseas,carrying huge amounts of illegal money with them,and this has severely weakened the effectiveness of the government’s anti-corruption efforts.Since cross-border pursuit of the corrupt suspects involves multiple countries or regions whose interests may conflict with each other,our country is faced with both external and internal problem.Externally,there is the problem of how to establish a cooperative mechanism with the countries where corrupt suspects flow into.Internally,there is the problem of how to coordinate between the multi-lateral or bilateral treaties with other countries and the domestic laws.This paper points out that the cross-border pursuit and recovery mechanism based on extradition needs to be improved,and suggests that,on the basis of international cooperation,we may establish a Chinese-styled cross-border anti-corruption mechanism with the recovery of illegal assets as the focus and persuasion of voluntary return as the main measure.