Research on criminal asset sharing system in overseas recovery of stolen goods

Abstract

It is not only necessary for China to establish the system of sharing criminal assets in the recovery of overseas assets, but also has sufficient theoretical basis and clear legal basis. From the perspective of extraterritorial rule of law, the modes of criminal asset sharing include fixed agreement mode and individual agreement mode. The confiscated criminal assets shall be returned to the victim or the legal owner first, and reasonable fees shall be deducted before the assets are shared; The proportion of sharing is mainly determined based on the contribution of the assisting country, and factors such as the nature of the crime and the damage suffered by the requesting country are comprehensively considered. The sharing of criminal assets has become a common practice for overseas recovery of stolen goods, showing obvious characteristics of international cooperation and incentive. Based on the practice of foreign-related rule of law, China can gradually fix the experience of asset sharing into bilateral agreements on the basis of successful cases of individual cooperation. According to the different nature of the case, different sharing strategies should be adopted to determine the reasonable standard of asset sharing. External liaison agencies and competent authorities that specify the sharing of assets; Establish a sound procedure mechanism for the proposal, review, decision and implementation of criminal asset sharing.