摘要
在我国贪官携赃外逃特别严重的情况下,我国的境外追赃机制亟待完善。应当从实体法上进一步严密腐败犯罪的法网,从程序法上建立起在资产流入国直接提起民事诉讼的制度、先行于刑事审判的民事缺席审判制度和刑事缺席审判制度,同时,建立赃款的合理费用扣除与分享机制。
The situation in which China's corrupt officials escape abroad is very serious.Under this circumstance,it is necessary to improve China's mechanism of booty recovery.The net of justice should be further tightened on the level of substantive law while on the level of procedural law it is advisable to establish the system of civil lawsuit by the country to which the assets by corruption go,the system of civil trial by default before criminal trial,the system of criminal trial by default,and, at the same time,a mechanism of deducting and sharing the reasonable expenses of recovering the booties as well.
出处
《刑法论丛》
CSSCI
2010年第1期322-336,共15页
Criminal Law Review
关键词
追赃机制
腐败犯罪资产
民事诉讼
缺席审判
mechanism of booty recovery
assets by corruption
civil lawsuit
trial by default
