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与《联合国反腐败公约》相比,我国现行的有关职务犯罪赃物跨境追缴的刑事立法仍存在着请求国主体地位缺失、特别没收程序不完备、以及职务犯罪收益的返还处分机制不完善。试图以《联合国反腐败公约》为蓝本,从创设独立法人、构建独立没收制度以及利益分享、费用补偿等制度着手来完善我国的职务犯罪赃物的跨境追缴机制,冀望能对我国职务犯罪的赃物的追缴有所裨益。
Compared with the “UN Convention against Corruption,” the current criminal legislation on cross-border recovery of stolen goods in job-related crime in China still lacks the main body of the requesting country. In particular, the procedure for the forfeiture of incomplete documents is incomplete, and the mechanism for repatriation and punishment of the proceeds of official offenses remains imperfect. In the light of the “UN Convention Against Corruption”, this paper attempts to improve the cross-border recovery mechanism of job-related crime and stolen goods in China by establishing an independent legal entity, establishing an independent and forfeiture system, as well as benefits sharing and cost compensation. Hopefully, The recovery of some benefit.