China, US Strengthen Anti-Corruption Cooperation

Published in Global Network
(China) on 28 September 2015
by Hao Ji (link to originallink to original)
Translated from by Anthony Chantavy. Edited by Helaine Schweitzer.
President Xi Jinping’s visit to the United States this time was very productive. China and the U.S. have improved cooperation in several areas, and amid these areas glows a light of hope for combating corruption together. This cooperation has already yielded outstanding results and just might become an important way for the countries to build trust.

Through close negotiation, the U.S. is displaying a more positive attitude toward cooperating with China against corruption. During Xi’s visit, the U.S. repatriated two Chinese economic fugitives who hid in America for decades, which is a big help in China’s hunt for fugitives overseas. China-U.S. cooperation has more operational features related to joint law enforcement in that investigators from both countries can work more closely in an existing cooperative framework.

According to the outcome list of Xi’s visit published by the foreign ministry, the countries have decided to utilize the U.S.-China Joint Liaison Group on Law Enforcement Cooperation. This would take the common ground set by their leaders to another step, lay out realistic measures, and push for a solution to the dire corruption that affects them both. They agreed to strengthen practical cooperation in areas such as anti-corruption, searching for corrupt assets and evidence of corrupt trade, stopping overseas bribery, repatriating criminals and illegal immigrants, drug prohibition, and anti-terrorism. Among these, a very important area that stands out in U.S.-China anti-corruption efforts is ordering the recovery of dirty assets. Both countries agreed to discuss mutual recognition and enforce confiscation judgments.

What are mutual recognition and confiscation judgments? From a Chinese perspective, simply put, they are judgments concerning dirty assets invested in America by corrupt officials. China, following special confiscation procedures in its criminal procedure law and procedures on handling recovered assets, has asked America to approve these procedures and enforce confiscation judgments based on Chinese law. Similarly, America may ask China’s judicial system to enforce judgments in similar situations based on American law. In other words, when China and the U.S. reach an agreement on this issue, the anti-corruption agreements will be legally effective in both countries. This is not only a new anti-corruption method for both countries, but it can also significantly reduce anti-corruption expenses and significantly increase effectiveness.

U.S.-China cooperation on this issue can undoubtedly increase the overall level of cooperation. However, right now, the countries still face several obstacles, a key obstacle being setting conditions of mutual recognition. The countries will clearly not follow each other’s laws unconditionally, so this process will still require verification of evidence as well as assessment of the side effects of mutual recognition and confiscation judgments. Verification of evidence is a conventional requirement, and the latter may be a deciding factor in U.S.-China cooperation.

China and the U.S. continue to face uncertainty in anti-corruption efforts, but their existing cooperation and intent to cooperate will help build mutual trust. Since Xi Jinping’s term, China has already raised anti-corruption efforts to an all-time high, using his full power to combat corrupters and bring political and social stability. By continuing U.S.-China anti-corruption cooperation, the U.S. can also deepen its understanding of China’s government and rule, which would help the U.S. take up a more rational attitude toward Chinese affairs. Objectively speaking, this may clear up any side effects that different ideologies and political principles have on U.S.-China relations.


习近平主席此次访美可谓成果颇丰,中美在很多领域达成多项合作。在这些成果中,中美在打击腐败方面加强合作是一个引人注目的亮点。中美在这个领域的合作已经卓有成效,并且可以成为提升双方互信的重要手段。

经过中美各层级间密集磋商,美方对与中国合作打击腐败表现出更加积极的态度。在习近平主席访美前后,美国已向中方遣返两名潜逃美国十几年的巨额涉贪人员,这对中国在海外打击腐败分子是极其重要的帮助。在联合执法方面,中美之间的合作更具机制化特征,双方办案人员可以在已有的合作框架内进行更有效的对接。

根据外交部公布的习近平主席访美中方成果清单,双方决定继续以中美执法合作联合联络小组(JLG)为主渠道,进一步落实好两国领导人达成的有关共识,采取切实措施,推进双方共同确定的重大腐败案件的办理。双方同意加强在预防腐败、查找腐败犯罪资产、交换证据、打击跨国贿赂、遣返逃犯和非法移民、禁毒和反恐等领域的务实合作。除这些共识之外,中美反腐合作一个很重要的突破表现在追赃领域,双方同意商谈相互承认与执行没收判决事宜。

何为相互承认和执行没收判决?从中国的角度来看,简单地说,即对于外逃贪官存放在美国的赃款,中国根据新刑法诉讼法中的特别没收程序,对违法所得启动没收程序,并请美方对此程序予以承认并执行基于中国法律的没收判决。同样,美国对于类似的情况也可以提请我国司法部门执行美方的判决。这等于说一旦中美在这个问题上达成协议,两国在追赃问题上的国内判决就可以在对方具有法律效力。这不仅可以为中美联合海外追赃提供了一种新的手段,而且会大大降低中美联合反腐过程中的各种成本,大大提高反腐工作的效率。

中美在这个问题上尝试合作无疑可以提升中美反腐合作的水平。但是,目前仍然面临很多障碍,其中最为关键的是如何设定相互承认的条件。显然,中美双方都不可能无条件地遵循并执行对方的法律判决,在这个过程中可能仍然需要对证据的核实,以及对承认并执行这些判决是否会带来负面影响的评估。对证据的核实是形式上的需要,而第二点有可能对中美在相互承认并执行判决方面的合作产生决定性影响。

尽管中美在反腐合作方面仍然面临一些不确定因素,但中美已有的合作以及表现出的合作意向有助于提升两国的互信。在习近平领导的新一届政府执政以来,中国已经将反腐上升到前所未有的高度,不遗余力地打击腐败分子,反腐关乎到国内的政治和社会稳定。随着中美反腐合作水平不断提升,美国也可以加深对中国政党治理和依法治国的认知,有助于美国对中国国内事务采取更加理性的态度,这在客观上可以缓解不同意识形态和政治制度对中美关系带来的负面影响。
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