腐败型犯罪资产的追回进路

The Corruption Crime Asset Recovery Approach

要把《联合国反腐败公约》确立的追回腐败型犯罪资产的途径,运用到我国追缴被转移到其他国家的腐败型犯罪赃款的实践中,就必须按照公约确立的资产追回途径所需要的运行条件,对我国的法律制度进行修正。为此,就必须在我国的法律制度中建立承认与执行外国刑事裁判效力、由检察机关到其他国家提起民事确权诉讼的制度,并按照公约的要求,对我国惩治腐败型犯罪的立法以及冻结、扣押和没收制度进行相应的完善。

The UN Anti-Corruption Convention established to recover the corruption crime asset approach, applied to our recovered were transferred to other countries of the corruption crime continued practice, must according to conventions established asset recovery pathways required operating conditions, to our country's legal system was modified.For this, must be in our country legal system building of recognition and enforcement of foreign criminal judgment effectiveness, to other countries by procuratorial organs filed civil right litigation system, and in accordance with the requirements of the Convention, on China s punishment of corruption crime legislation, as well as freezing, seizure and confiscation of the corresponding sound.