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《联合国反腐败公约》规定的腐败资产间接追回机制是以没收为核心的国际合作机制。没收措施的实施有两种方式:一是由资产所在国根据其国内法程序取得没收判决对有关资产加以没收;二是由资产所在国承认和执行资产来源国法院发出的没收令。为了有效利用该机制,我国应建立独立的没收法律机制;细化冻结、扣押的适用条件和程序;建立承认和执行外国刑事罚没裁决的司法审查机制。
The mechanism of indirect recovery of corrupt assets stipulated in the UN Convention against Corruption is a mechanism of international cooperation with a focus on forfeiture. There are two ways in which the confiscation measures can be implemented: First, the country where the asset is subject to the forfeiture judgment according to the procedure of its domestic law shall be forfeited the relevant asset; and second, the country where the asset is located shall recognize and enforce the order of forfeiture issued by the court of the country of origin. In order to make effective use of this mechanism, our country should establish an independent legal mechanism for confiscation; refine the applicable conditions and procedures for freezing and seizing; and establish a judicial review mechanism that recognizes and enforces foreign criminal sanctions.