Addressing and governing telecommunications network fraud is progressively recognized as a formidable global quandary.The increasing internationalization,professionalization,and sophistication of the transfer capabilities of criminally obtained proceeds present distinct challenges to the pursuit of cross-border asset recovery.In the criminal judgment of telecom network fraud cases in China,the ruling on the order of refund and compensation has the attribute of civil and commercial judgment in essence.Both international law and domestic law advocate the full relief of public law and private law as a whole,so as to better protect the legitimate property rights and interests of victims.The Law enforcement agencies can make better use of the international private law,while apply the international public law at the same time,by clarifying the basis of the claim for the return of the ruling of the order of refund and compensation in our criminal judgment.First,it relies on international conventions such as the UN Convention on Countering the Use of Information and Communications Technologies for Criminal Pruposes and HCCH Judgement Convention.The second is to promote the conclusion of treaties on judicial assistance in civil and commercial matters between China and other countries and regional international organizations.The third is to promote the civil law system countries,common law system countries to recognize and implement the case of China's order to return and compensate.By exploring and improving the extraterritorial execution path of the ruling of the order of return and compensation in the criminal judgment of telecom network fraud cases in China,to robust strategy through international criminal and civil/commercial judicial cooperation mechanisms.
fraudriminal adjudicationscooperationenforcementprivate international law
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