{"title":"一带一路 \"倡议:追回被盗资产的法律机制","authors":"Veltrice Tan","doi":"10.1108/jfc-11-2023-0294","DOIUrl":null,"url":null,"abstract":"\nPurpose\nThis paper aims to determine the types of legal mechanisms that authorities can use to recover stolen assets for and from China.\n\n\nDesign/methodology/approach\nNewspaper articles and books are examined as are relevant reports by various regulatory authorities and academic institutions.\n\n\nFindings\nThe effectiveness of legal mechanisms in the recovery of stolen assets may be affected by issues such as the difficulties in tracing illicit funds, the ambiguous nature of “value” as well as the rise in technology.\n\n\nResearch limitations/implications\nThere are limited data available in relation to the prevalence of corrupt officials along the Belt and Road Initiative and the statistical success in the recovery of stolen assets. Any discussions within this paper are based on the impressionistic observations of this author, which may not reflect the true state of affairs of the Belt and Road Initiative.\n\n\nPractical implications\nThose who are interested in examining how authorities could recover stolen assets from and for China will have an interest in this topic.\n\n\nOriginality/value\nThe value of the paper is to demonstrate the difficulties in recovering stolen assets for and from China.\n","PeriodicalId":38940,"journal":{"name":"Journal of Financial Crime","volume":"120 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Belt and Road Initiative: legal mechanisms to recover stolen assets\",\"authors\":\"Veltrice Tan\",\"doi\":\"10.1108/jfc-11-2023-0294\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\nPurpose\\nThis paper aims to determine the types of legal mechanisms that authorities can use to recover stolen assets for and from China.\\n\\n\\nDesign/methodology/approach\\nNewspaper articles and books are examined as are relevant reports by various regulatory authorities and academic institutions.\\n\\n\\nFindings\\nThe effectiveness of legal mechanisms in the recovery of stolen assets may be affected by issues such as the difficulties in tracing illicit funds, the ambiguous nature of “value” as well as the rise in technology.\\n\\n\\nResearch limitations/implications\\nThere are limited data available in relation to the prevalence of corrupt officials along the Belt and Road Initiative and the statistical success in the recovery of stolen assets. Any discussions within this paper are based on the impressionistic observations of this author, which may not reflect the true state of affairs of the Belt and Road Initiative.\\n\\n\\nPractical implications\\nThose who are interested in examining how authorities could recover stolen assets from and for China will have an interest in this topic.\\n\\n\\nOriginality/value\\nThe value of the paper is to demonstrate the difficulties in recovering stolen assets for and from China.\\n\",\"PeriodicalId\":38940,\"journal\":{\"name\":\"Journal of Financial Crime\",\"volume\":\"120 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2024-01-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Financial Crime\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1108/jfc-11-2023-0294\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Financial Crime","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1108/jfc-11-2023-0294","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"Social Sciences","Score":null,"Total":0}
Belt and Road Initiative: legal mechanisms to recover stolen assets
Purpose
This paper aims to determine the types of legal mechanisms that authorities can use to recover stolen assets for and from China.
Design/methodology/approach
Newspaper articles and books are examined as are relevant reports by various regulatory authorities and academic institutions.
Findings
The effectiveness of legal mechanisms in the recovery of stolen assets may be affected by issues such as the difficulties in tracing illicit funds, the ambiguous nature of “value” as well as the rise in technology.
Research limitations/implications
There are limited data available in relation to the prevalence of corrupt officials along the Belt and Road Initiative and the statistical success in the recovery of stolen assets. Any discussions within this paper are based on the impressionistic observations of this author, which may not reflect the true state of affairs of the Belt and Road Initiative.
Practical implications
Those who are interested in examining how authorities could recover stolen assets from and for China will have an interest in this topic.
Originality/value
The value of the paper is to demonstrate the difficulties in recovering stolen assets for and from China.
期刊介绍:
The Journal of Financial Crime, the leading journal in this field, publishes authoritative, practical and detailed insight in the most serious and topical issues relating to the control and prevention of financial crime and related abuse. The journal''s articles are authored by some of the leading international scholars and practitioners in the fields of law, criminology, economics, criminal justice and compliance. Consequently, articles are perceptive, evidence based and have policy impact. The journal covers a wide range of current topics including, but not limited to: • Tracing through the civil law of the proceeds of fraud • Cyber-crime: prevention and detection • Intelligence led investigations • Whistleblowing and the payment of rewards for information • Identity fraud • Insider dealing prosecutions • Specialised anti-corruption investigations • Underground banking systems • Asset tracing and forfeiture • Securities regulation and enforcement • Tax regimes and tax avoidance • Deferred prosecution agreements • Personal liability of compliance managers and professional advisers