浅议《联合国反腐败公约》框架下中国外逃资产追回机制的法律构建

On the Law for the Mechanism of Retrieving the Funds Transferred into Other Countries under The United Nations Convention against Corruption

近年来,反腐败问题已经成为全球关注的焦点问题之一,随着《联合国反腐败公约》的生效,国际反腐败立法获得了新的发展契机。《联合国反腐败公约》比较引人注目的一点就是其设置了一套较为完整的腐败犯罪资产的追回机制,对中国来说,如何通过引入公益诉讼及缺席判决等方式,真正确立打击腐败犯罪、防止国有资产流失的法律机制,是摆在立法机关及法律学人面前的重要问题。

In recent years, the issue of counter-corruption has already become one of the global focuses. With The United Nations Convention against Corruption coming into force, the international counter-corruption legislation has obtained new opportunities for development. According to this document, a set of quite complete mechanism has been established for retrieving funds transferred abroad by corrupt criminals. For China, how to introduce the public welfare lawsuit or to make default judgment and how to establish a mechanism to attack corrupt crime and prevent the states asset drained is the most important issue for the legislators and legal scholars.