引入公益诉讼完善外逃腐败资产追回机制

Introducing Public Benefit Lawsuit to Make Perfect the Recovery Mechanism of the Fled Corrupting Property

随着《联合国反腐败公约》的生效,人们开始更多地关注反腐败的国际合作问题,公约最大的贡献就是设置了一套较为完整的腐败犯罪资产的追回机制,但是,由于立法上的滞后以及公约在实施过程中的实际困难,使得中国尚未探索出一套有效追回流失于境外腐败犯罪资产的制度;由于公益诉讼的自身优越性,引入公益诉讼制度,以充实和完善外逃腐败资产追回机制是值得我们认真思考的一条可行的道路。

Along with United Nations Convention against Corruption going into effect, people begin to pay more attention to the international cooperation issues of counter- corruption. The biggest contribution of the convention is that it has established a set of completed mechanism for the recovery of assets taken through corrupting crime. However, as the immature legislation and the actual difficulty for the convention in the implementation process, China has not yet established a set of system to effectively recover the corrupting crime property taken into foreign countries. As a result of the superiority in the public benefit lawsuit, its system is introduced, which can enrich the assets recovery system. All of them are worth to be considered again and again.