The Legal Dilemma and Relief Path of Cross Border Pursuit and Recovery of Corrupt Assets in China

With the increasing complexity of corrupt personnel fleeing and cross-border transfer of corrupt assets, anti-corruption cross-border fugitive and asset recovery has become an important issue in promoting domestic and foreign-related rule of law. In recent years, China has taken the "Supervision Law" and "Criminal Procedure Law" as the main body, and the "Extradition Law" and "International Criminal Judicial Assistance Law" as supporting measures, initially forming a standardized system for anti-corruption cross-border fugitive pursuit and asset recovery, and continuously promoting international cooperation through mechanisms such as extradition, persuasion, repatriation, overseas prosecution, and confiscation of illegal gains. However, the current system still faces problems such as the constraints of treaty conditions and relevant exception principles on extradition cooperation, insufficient standardization of alternative measures for extradition, inadequate rules for cross-border asset return and sharing, and poor connection between absent trials and international judicial assistance. The causes of this include the concealment and complexity of cross-border transfer of corrupt assets, as well as insufficient coordination between domestic legal norms, inadequate connection between domestic and foreign laws, and unstable international cooperation and reciprocity mechanisms. In this regard, it is necessary to further improve the legal system of anti-corruption foreign-related laws and regulations, promote the rule of law of extradition and its alternative measures, improve the system of overseas recovery and asset return and sharing, and enhance the institutionalization and standardization level of anti-corruption international cooperation through deepening international criminal judicial assistance and strengthening information sharing.