论我国腐败犯罪境外追赃机制存在的问题及其完善

Study on the Obstacles of Transnational Asset Recovery in Corruption Cases and Its Improvement

境外追赃是我国反腐败工作的重要内容,也是新形势下深入开展反腐败斗争的现实需要。尽管我国在境外追赃中取得了一些成绩、积累了一些经验,但是仍然面临腐败资产查找难、中外法律制度差异大、我国国际刑事司法合作法律体系不健全、专业人才缺乏且追赃成本高昂等困境。因此,做好新形势下的反腐境外追赃工作,不仅要加强腐败犯罪境外追赃领导协调机制,而且还要健全和完善与追赃工作相关的各项法律制度,强化境外追赃专业人才队伍建设,综合运用执法与司法合作措施促进境外追赃工作的开展。

Transnational Asset recovery is one of the main task of our anti-corruption work and it is also necessary for the fighting against corruption in the new situation. Although China has achieved success and gained further experiences in this field,China still faces the difficulties of asset tracing,the variety of different legal systems,the unsound legal system of mutual legal assistance and the lack of professionals in this field. Therefore,if China would like to make great progress in transnational asset recovery work,it requires that not only strengthening the leading and coordinating system of asset recovery,but also carrying out reform on it including perfecting the national legal system related with asset recover,enhancing the construction of professional team and using the law enforcement measures and judicial cooperation measures to promote the asset recovery work.