www射-国产免费一级-欧美福利-亚洲成人福利-成人一区在线观看-亚州成人

USEUROPEAFRICAASIA 中文雙語Fran?ais
China
Home / China / View

Use UN rules to seize corrupt fugitives at large

By Shao Shaping | China Daily | Updated: 2015-04-16 07:49

The "Fox Hunt" to bring back corrupt officials who have fled abroad continues after its big success last year. But China can add more teeth to its overseas anti-corruption drive by applying the rules of the United Nations Convention against Corruption.

Corruption is a global problem. Hence, to fight it we need international cooperation. It is this principle that gave birth to the Convention in 2003. Chapters 4 and 5 of the Convention stipulate the principles of global legal cooperation, including extradition, mutual legal assistance, cooperation in law enforcement, joint investigation and asset recovery, which could boost China's cross-border anti-corruption campaign.

Article 43 of the Convention says: "In matters of international cooperation, whenever dual criminality is considered a requirement, it shall be deemed fulfilled irrespective of whether the laws of the requested state party place the offense within the same category of offense or denominate the offense by the same terminology as the requesting state party, if the conduct underlying the offense for which assistance is sought is a criminal offense under the laws of both states parties." Such a regulation can effectively solve the problem of double standards for the same crime in different legal systems, which could influence global judicial assistance.

And Article 44 says: "Each of the offenses to which this article applies shall be deemed to be included as an extraditable offense in any extradition treaty existing between states parties ... If a state party that makes extradition conditional on the existence of a treaty receives a request for extradition from another state party with which it has no extradition treaty, it may consider this Convention the legal basis for extradition in respect of any offense to which this article applies."

The Convention's most significant part on extradition is that the principle of double criminality cannot be applied. A state party whose law so permits may grant the extradition of a person for any of the offenses covered by the Convention that are not punishable under its own domestic law.

According to Article 51: "The return of assets pursuant to this chapter is a fundamental principle of this Convention, and state parties shall afford one another the widest measure of cooperation and assistance in this regard."

The Convention stipulates many measures to fight corruption. To effectively use its rules, Chinese leaders have to strengthen the rule of law in the country. The problem is that we are not familiar with some new international legal rules and still don't have corresponding anti-corruption domestic rules. These drawbacks will hinder extensive, stable global cooperation in the fight against corruption. For effective international legal cooperation to fight corruption, we must know what the new international anti-corruption laws are and apply them suitably to the laws at home.

Take the liability of legal persons as an example. Subject to the legal principles of the state party, the liability of legal persons may be criminal, civil or administrative. Such a liability should be without prejudice to the criminal liability of the natural persons who have committed offenses. Each state party should, in particular, ensure that legal persons held liable in accordance with this article are subject to effective, proportionate and dissuasive criminal or non-criminal sanctions, including monetary sanctions.

Crime and liability of legal persons in the Convention are the new aspects of international judicial assistance and cooperation. The diversity (criminal, civil or administrative) and double punishment (for legal and natural persons) for the liability of legal persons challenge traditional international criminal judicial assistance and cooperation. If China doesn't have specific rules on the crimes committed by and liability of legal persons, it cannot seek full international criminal judicial assistance and cooperation in the fight against corruption.

This convention clearly requires each state party to take the necessary measures, including legislative and administrative, in accordance with the fundamental principles of its domestic laws to ensure the implementation of its obligations under the Convention. As a signatory to the Convention, China should incorporate the rules of the Convention into domestic laws. This will not only help it perform the duty of a signatory party, but also boost its international cooperation in the fight against corruption.

The author is a professor of law at Renmin University of China.

Editor's picks
Copyright 1995 - . All rights reserved. The content (including but not limited to text, photo, multimedia information, etc) published in this site belongs to China Daily Information Co (CDIC). Without written authorization from CDIC, such content shall not be republished or used in any form. Note: Browsers with 1024*768 or higher resolution are suggested for this site.
License for publishing multimedia online 0108263

Registration Number: 130349
FOLLOW US
主站蜘蛛池模板: 国产日韩欧美精品在线 | 久久视频免费观看 | 欧美成人免费全部色播 | 67194成人手机在线 | 最新精品亚洲成a人在线观看 | 黄色aaa毛片| 中文字幕成人网 | 亚洲天堂中文网 | 一级毛片免费不卡 | 欧美一级特黄aaaaaa在线看首页 | 亚洲理论片在线中文字幕 | 欧美亚洲第一区 | 日本高清不卡在线观看 | 欧美精品亚洲精品日韩专区 | 精品国产不卡一区二区三区 | 日日干夜夜爽 | 99久久综合狠狠综合久久一区 | 经典三级久久久久 | 成年视频在线 | 午夜宅男在线永久免费观看网 | 男人的天堂在线观看视频不卡 | 国产在线91区精品 | 亚洲一级大片 | 美女mm131爽爽爽免费视色 | 怡红院成人在线 | 亚洲午夜精品一级在线 | 欧美日本在线一区二区三区 | 亚洲第3页 | 欧美性久久久久 | 欧美在线视频看看 | 国产精品秦先生手机在线 | 一区二区三区高清在线 | 日本a级毛片视频播放 | 久久久精品久久久久三级 | 亚洲在线中文字幕 | 中文在线最新版天堂 | 99久久国内精品成人免费 | 毛片免费大全 | 99视频精品 | 成年视频国产免费观看 | 精品厕拍 |