Proceedings of the 2024 10th International Conference on Humanities and Social Science Research (ICHSSR 2024)

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The Civil Forfeiture System from the Perspectives of the United Kingdom, the United States, and Australia: Legal Strategies and Challenges in the Global Fight Against Corruption

Authors
Yuxiang Huang1, *
1The University of New South Wales, Sydney, Australia
*Corresponding author. Email: huangyuxiangyx@126.com
Corresponding Author
Yuxiang Huang
Available Online 2 September 2024.
DOI
10.2991/978-2-38476-277-4_183How to use a DOI?
Keywords
civil forfeiture; United Nations Convention against Corruption; non-conviction-based asset forfeiture; law reform
Abstract

In the realm of global anti-corruption efforts, a significant challenge lies in the effective recovery of assets obtained through corruption and their return to victims. By analysing the United Nations Convention against Corruption and the relevant international legal framework, this paper explores the theoretical foundations, practical applications and challenges surrounding non-conviction-based asset forfeiture mechanisms. With a focus on civil forfeiture models in the United Kingdom, the United States and Australia, the paper highlights the roles and limitations of these systems in combating corruption worldwide and proposes targeted recommendations for reform. These recommendations, which include strengthening judicial review mechanisms, clarifying the burden of proving the unlawful origin of property and limiting the financial gains of law enforcement agencies from civil forfeiture, aim to enhance the fairness, transparency and efficiency of civil forfeiture systems. The analysis and recommendations outlined in this paper carry substantial implications for strengthening anti-corruption efforts on a global scale, safeguarding citizens’ fundamental rights and fostering coherence and harmonisation across legal systems.

Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 2024 10th International Conference on Humanities and Social Science Research (ICHSSR 2024)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
2 September 2024
ISBN
978-2-38476-277-4
ISSN
2352-5398
DOI
10.2991/978-2-38476-277-4_183How to use a DOI?
Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Yuxiang Huang
PY  - 2024
DA  - 2024/09/02
TI  - The Civil Forfeiture System from the Perspectives of the United Kingdom, the United States, and Australia: Legal Strategies and Challenges in the Global Fight Against Corruption
BT  - Proceedings of the 2024 10th International Conference on Humanities and Social Science Research (ICHSSR 2024)
PB  - Atlantis Press
SP  - 1631
EP  - 1648
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-277-4_183
DO  - 10.2991/978-2-38476-277-4_183
ID  - Huang2024
ER  -