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鉴于亚太地区成为贪腐人员转移赃款赃物的主要流向地,借助APEC的国际影响和缔约国之间的共识,不断密切APEC缔约国间的反腐败追赃合作,对中国依法追诉腐败犯罪具有现实和深远的意义。以往,囿于法律依据单薄、执法途径溃乏、司法合作低效和重追逃轻追赃思维定势等原因,反腐败境外追赃成效不甚理想。2014年11月,《北京反腐败宣言》出台,对缔约国之间境外追赃法律制度的完善和追赃方式的整合有望破解这一难题,成为惩治腐败犯罪的利器。应当说,在对《宣言》的产生背景、涉及追赃举措的变化和进一步完善配套措施等内容进行梳理后,不难发现:《北京反腐败宣言》对反腐败境外追赃的法治建设将产生深远影响,势必为反腐败国际刑事司法合作建设提供有力保障。
In the light of the APEC’s international influence and the consensus among the contracting states, the Asia-Pacific region has become the main destination for the transfer of stolen goods by corrupt officials. The close cooperation between APEC contracting parties on anti-corruption and stolen goods has a realistic and far-reaching significance for China to prosecute corruption crimes according to law . In the past, due to the weak legal basis, the lack of law enforcement, the ineffective judicial cooperation and the pursuit of light pursuit of thinking and other reasons, the effectiveness of anti-corruption out-of-the-way ill-gottering was not satisfactory. In November 2014, the “Declaration on Beijing’s Anti-Corruption,” promulgated the “Anti-Corruption Declaration on Beijing”, which is expected to solve the problem of perfecting the legal system of overseas stolen goods and tackling stolen goods among contracting states. It will become a weapon to punish corruption crimes. It should be said that after reviewing the background of the “Declaration”, the changes in measures to tackle stolen goods and the further improvement of supporting measures, it is not difficult to find out that the “Declaration on Beijing’s Anti-Corruption Declaration” will have far-reaching effects on the rule of law in the construction of the law-breaking foreign stolen goods from corruption It is bound to provide effective protection for the construction of international cooperation in criminal justice against corruption.