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开平案是我国建国以来涉及资产最多的腐败犯罪,这一“记录”至今仍未打破。虽然我们通过引渡、遣返、劝返等方式成功地从境外追回了三名主要涉案人员,但在犯罪资产追回方面却收效甚微。针对腐败犯罪导致资产转移境外的问题,以境外追赃的视角去反思开平案,结合《联合国反腐败公约》资产追回中的有关规定,引入合理的资产分享机制,完善我国境外追赃制度,对于我国的境外追赃工作具有十分重要的意义。
The Kaiping case is a corruption crime involving most assets since the founding of our nation. This “record” has not been broken yet. Although we succeeded in recovering the three mainly involved persons from outside the country through extradition, repatriation and exhortation, we have had little success in the recovery of criminal assets. Aiming at the problem of corruption caused by the transfer of assets overseas, Kaiping case is reexamined from the perspective of overseas stolen goods, the reasonable asset sharing mechanism is introduced in combination with the relevant provisions in the asset recovery of UN Anti-Corruption Convention, and the system of recovering stolen goods from abroad is improved. The overseas pursuit of stolen goods has very important significance.