The Asia-Pacific Economic Cooperation(APEC), as a regional economic organization with close economic ties among the member states, has a common request for curbing corruptions in economic activities. The United Nation...The Asia-Pacific Economic Cooperation(APEC), as a regional economic organization with close economic ties among the member states, has a common request for curbing corruptions in economic activities. The United Nations Convention against Corruption(UNCAC), which raises requirements for its members to engage in anti-corruption, is the fundamental basis for anti-corruption cooperations among APEC members. However, due to structural hurdles and differences of political, legal, and economic systems among member states, it is difficult for them to establish common grounds for effective and in-depth cooperations. On the one hand, this situation makes some transnational corruption crime cases impossible to be processed in a timely manner as members cannot reach a consensus on cooperative conditions. On the other hand, unfair treatments such as'dual liability'and that in sentencing occur in the process of investigating and trying corruption cases, due to judicial independence in different jurisdictions and legal rigidity. This paper proposes that APEC members should, on the basic integrated crime preventing and tracing mechanisms advocated by the UNCAC, implement the consensus reached by Beijing Declaration on Fighting Corruption(BDFC) and establish integrated anti-corruption mechanisms for punishing corruption crimes. Through negotiations, APEC should come up with a set of unified procedures for dealing with corruption cases, which enables one of the member states(or separate jurisdictions) to exercise its jurisdiction, responsible for investigations(including joint investigations), prosecutions, and adjudications of the cases. Besides the criminal judicial assistance, lex fori shall be applied to the procedures of investigations, prosecutions and adjudications, while lex loci actus shall be applied as substantive rules for deciding punishments. Last but not the least, favorable law shall be selected and applied to criminals when the crimes take place in more than two member states(or separate jurisdictions).展开更多
基金a key project of the National Social Science Foundation of China (14AZD014),entitled Research on the Protection Mechanism of Judicial Power and Procuratorial Power Independently in Accordance with LawResearch Project on the Procuratorial Theory of the Supreme People’s Procuratorate (GJ2012C24), entitled Research on the Coordination Mechanism of Mutual Case in Investigative Jurisdiction between the Procuratorial Organs and the Public Security Organs
文摘The Asia-Pacific Economic Cooperation(APEC), as a regional economic organization with close economic ties among the member states, has a common request for curbing corruptions in economic activities. The United Nations Convention against Corruption(UNCAC), which raises requirements for its members to engage in anti-corruption, is the fundamental basis for anti-corruption cooperations among APEC members. However, due to structural hurdles and differences of political, legal, and economic systems among member states, it is difficult for them to establish common grounds for effective and in-depth cooperations. On the one hand, this situation makes some transnational corruption crime cases impossible to be processed in a timely manner as members cannot reach a consensus on cooperative conditions. On the other hand, unfair treatments such as'dual liability'and that in sentencing occur in the process of investigating and trying corruption cases, due to judicial independence in different jurisdictions and legal rigidity. This paper proposes that APEC members should, on the basic integrated crime preventing and tracing mechanisms advocated by the UNCAC, implement the consensus reached by Beijing Declaration on Fighting Corruption(BDFC) and establish integrated anti-corruption mechanisms for punishing corruption crimes. Through negotiations, APEC should come up with a set of unified procedures for dealing with corruption cases, which enables one of the member states(or separate jurisdictions) to exercise its jurisdiction, responsible for investigations(including joint investigations), prosecutions, and adjudications of the cases. Besides the criminal judicial assistance, lex fori shall be applied to the procedures of investigations, prosecutions and adjudications, while lex loci actus shall be applied as substantive rules for deciding punishments. Last but not the least, favorable law shall be selected and applied to criminals when the crimes take place in more than two member states(or separate jurisdictions).
