《联合国反腐败公约》腐败资产追回机制及其在我国的适用

The Mechanism of Corruption Asset Recovery and Its Application in China from the United Nations Convention against Corruption

资产外逃作为腐败犯罪重要的伴生现象,自上世纪90年代以来,在全球蔓延开来,对资产流出国和流入国都带来了极大的负面影响。在这样的背景下,《联合国反腐败公约》明确规定了资产追回机制,从事前预防和监测资产转移、事后追回和资产返还的角度提出了全面的解决方案。但是鉴于公约是妥协的产物,这一机制在实践中依然面临着诸多障碍。作为腐败资产的重要流出国,我国应提出相应的完善建议,促进腐败资产的有效追回。

As an important concomitant phenomenon of corruption, asset flight has spread all over the world since the 1990 s, which has brought great negative impact on both asset flowing countries and inflow countries. Under this background, "the United Nations Convention against Corruption" clearly stipulates the asset recovery mechanism and puts forward a comprehensive solution from the perspective of prevention and monitoring of asset transfer,asset recovery and return. However, since the Convention is the product of compromise, this mechanism still faces many obstacles in practice. As an important flow country of corrupt assets, China should provide corresponding improvement proposals to promote the effective recovery of corrupt assets.