国际反腐败合作中的追逃附带追赃

Incidentally Recovering Ill-gotten Money while Pursuing Criminals in International Cooperation against Corruption

追赃可以促进追逃,追逃也可以帮助追赃。受政治制度、意识形态和法治建设等差异的影响,中国引渡和遣返中的死刑及酷刑问题经常被他国刻意放大甚至无中生有,劝返的司法协助属性也经常被歪曲,追逃与追赃结合得仍不够紧密。对此,应当从以下方面完善:一是完善引渡附带追赃。通过承诺不适用死刑、促进引渡条约的缔结与运用、加强引渡与追赃的有机结合等措施,不断提高引渡附带追赃的针对性和有效性。二是完善遣返附带追赃。通过从容应对难民程序的繁琐流程,有针对性地准备证据材料;打牢遣返附带追赃的中国法基础,坚持以审判为中心的诉讼制度改革;减少和避免他国对中国刑事司法制度的误解,推进遣返追赃的综合性保障,提高遣返附带追赃的成功率。三是完善劝返附带追赃。通过推进劝返程序的立法进程、严守劝返承诺中的公正底线、规范境外劝返的配套性机制,发挥其"不战而屈人之兵"的优势,进一步体现国家宽严相济的刑事司法政策。

The recovery of ill-gotten money can promote the pursuit of criminals and the pursuit of criminals can also help to recover the ill-gotten money. Under the influence of the differences in political system, ideology and the construction of the rule of law, the problems of death penalty and torture in China’s extradition and repatriation are often deliberately magnified or even created out of nothing by other countries, and the nature of judicial assistance in persuading people to return is often distorted. The combination of pursuing criminals and recovering ill-gotten money is still not close enough. In this regard, improvements should be made from the following aspects: The first is to improve the incidental recovery of ill-gotten money from extradition. Through such measures as promising not to apply the death penalty, promoting the conclusion and application of extradition treaties, and strengthening the organic combination of extradition and the recovery of ill-gotten money, the pertinence and effectiveness of the incidental recovery of illgotten money in extradition can be continuously improved;The second is to improve the repatriation and recovery of illgotten money by calmly dealing with the tedious process of refugee procedures, preparing evidence materials pertinently, laying a solid foundation of Chinese law for repatriating incidental recovery of stolen goods, adhering to the reform of the litigation system centered on trial, improving the misunderstanding of China’s criminal justice system in other countries and promoting the comprehensive guarantee of repatriating and recovering ill-gotten money in order to improve the success rate of repatriating incidental recovery of ill-gotten money. The third is to improve the return of incidental recovery of ill-gotten money. By promoting the legislative process of persuasion procedure, strictly abiding by the bottom line of justice in the promise of persuasion, and standardizing the matching mechanism of persuasion abroad, China will continue to give full play to its advantages of "defeating others without war" and further embody the country’s criminal justice policy of combining justice with leniency.