중국 건설 중의 테러 혐의 자산 동결 제도

Abstract

The terrorism-related assets freeze is one type of legal freeze systems, whose application focuses on financial sanctions rather than assets preservation, aiming at undermining the economic capabilities of the targeted organizations and members and cutting off their financial backing and source. From the moment that China authorities release the list relating to terrorist organizations and terrorists in accordance with laws, the financial institutions and specific non-financial institutions are obligated to implement an assets freeze, suspend financial trading, check assets of the involving persons, notify the execution of the terrorism-related assets freeze and inform the parties of it. According to the Criminal Procedure Law of the People's Republic of China, the procuratorates are entitled to start the special confiscation proceeding under certain circumstances. As the new terrorism-related assets freeze system establishing in China, the prior practice is no longer applicable to the field of terrorism-related assets freeze that we used to determine and carry out the sanctions imposed by UN Security Council through “notification ” delivered by the Ministry of Foreign Affairs.