论中国贪官外逃赃款追缴机制的完善

ON COMPLETING THE MECHANISM OF RECOVERING ILLICIT MONEY FROM THE CORRUPT OFFICIALS FLEETING ABROAD OF CHINA

贪官外逃给世界政治、经济和社会带来了巨大的危害。刑事法打击贪官外逃具有局限性。利用民法先行追缴外逃贪官赃款,再用刑事程序引渡外逃贪官,可减少外逃贪官带来的损失。民法打击贪官外逃符合国际潮流。司法实践中,利用民法追缴贪官外逃赃款,应建立费用补偿和“收益分享”制度。中国贪官外逃赃款追缴机制应予以完善。

The fleeing abroad of corrupt officials has done great damage to the politics, economics and society of the whole world, but criminal law has its limitation of fighting against it. For reducing the damage of such corrupt officials, it is effective to recover the illicit money under the civil law first and then extradite the officials by criminal procedure. It is in line with international tendency to recover the illicit money under the civil law. In the practice of justice, we should establish the system of expenses compensation and profit participation under the civil law to complete the mechanism of recovering the illicit money.