A Study On Several Problems Of The Crime Of Huge Unidentified Property

The crime of huge unidentified property is a new crime which is set up to punish the grafters and badger hat in China's Reform and Opening period. Due to our country's short history of its criminal legislation, the crime is not mature. Based on deepening study on the crime of huge unidentified property, I choose it as my Master of Laws research paper's title. As the same time, as the crime of huge unidentified property revolves in so many theoretical and practical problems, explaining it wholly and systemically is far from fit for a master research paper, so I only choose some representative problems to investigate.Besides preface, this paper divides into some parts: the premises of the crime of huge unidentified property, the researches on the cognizance of the crime of huge unidentified property and the procedural problems the crime of huge unidentified property.Part one: the premises of the crime of huge unidentified property. This part mainly discusses the comparative studies about the property declaration system between China and Abroad, which is the premises of the crime of huge unidentified property.Part two: the researches on the cognizance of the crime of huge unidentified property. This part is discusses the name of the crime, objective requisites of crime, subjective requisites of crime and joint crime.On the names of the crime, the author analyze the elements which cause the disputes on the name. Besides the crime of huge unidentified property, the names of the crime are unscientific. And the name of the crime should be the crime of inexplicable sources of huge property.On objective requisites of crime, based on analyzing the various viewpoints of the objective requisites, such as possession, act and omission, the author thinks the objective requisites of this crime is omission that represents the doer refused to explain the true source of huge propertyOn subjective requisites of crime, the crime of huge unidentified property has a subjective requisite which could be actual intent or secondary intent, and the compose of this kind of crime is not based on the knowing.On joint crime, the author mainly discusses the conditions of the joint crime of the crime of huge unidentified property, including subject—one object is the national public servant at least, objective requisite—the conjunct omission and subjective requisite—non-national public servant must be actual intent if he is the subject of the crime of huge unidentified property.Part three: the procedural problems of the crime of huge unidentified property. This part discusses the burden of proof, criminal quantity and the material operation on practice.On the burden of proof, the author thinks neither is the judicial department charged with the burden independently, nor is the doers. On criminal quantity, the author explains the standard that is set by the judicial department and discusses the principle of calculate.On the material operation on practice, the author agrees with the opinion that the valid period of determining the crime of huge unidentified property must be limited. And finally, the certain resolutions of the identified crime of the crime of huge unidentified property are various.