Study On The Crime Of Holding A Huge Amount Of Property With Unidentified Sources

Type in translation as is the task of the Penal Code to punish crime and to prevent social. For all of the criminal nature, socially dangerous acts should be incorporated into the legal system of regulations within this is a complete criminal is the full protection of human rights, the code! It is also legal in China based on such considerations, In 1988, the NPC Standing Committee "on the punishment of crimes of corruption and bribery added" in the form of supplementary regulations huge property of unclear origin, It can be said that a huge amount of property from unidentified sources in the crime of corruption and bribery is a relatively light punishment of crime, However, its role is very obvious, because corruption and bribery are business requiring high crime, Also because of his criminal nature of the relationship is one-to-one with a very strong secrecy. So usually by various conditions constraints in the judicial process is very difficult to prove the source of property, Without this the existence of this offense, it will leave many criminals at large, Therefore, a huge amount of property from unidentified sources crime can be "transparency" of the charges in judicial practice have played an irreplaceable role. It is also because of his legislative intentions and nature, in theory and in practice many problems, I saw the official because of the existence of such problems, with a handwritten this clumsy, hope that through comprehensive analysis of the crime of this exposition improve benefits.This paper is divided into three parts, the first part is the huge amount of property from unidentified sources elements of the crime of the overall summary and discussion from the three main aspects to be addressed. First introduced this offense history, henceforth crimes in France creation of the Criminal Law of China stipulates that this offense China also discussed the provisions of this crime and the significance of the mind; Secondly that the crime constitutes a briefing and demonstration not only on the theoretical right to the four criminal elements, said that the author also shows that the position. Finally, the Criminal Law of huge amounts of property from unidentified sources Act of the crime, made a detailed analysis each may trigger controversy words are clearly defined. Republic of China of huge amounts of property from unidentified sources law of the crime and characteristics are summarized and discussed. Overall this part of the huge amount of property from unidentified sources in the crime situation and I understand the overall presentation.In the second part of the main authors analyze a huge amount of property from unidentified sources crimes defects, including First, with culpable criminal suit conflict with the principle embodied in a single sentence, only a sentencing range No matter how the property is the amount of the applicable sentencing range. Light sentence'11, Whether the file is too high standards or maximum restrictions would lead to the punishment for this crime was lower than similar crimes; The lack of criminal property, the only source of the unidentified property confiscation is not enough, it should also be fixed penalty property, in order to better serve the punishment of offenders and prevention of social effects. Second, the lack of common crime of the relevant provisions, mainly in relation to the perpetrator of a spouse who, between the two sides because of the special relationship, it is necessary to spousal duties and responsibilities so special requirements. Third, a huge amount of property from unidentified sources crime exists smacks of presumption of guilt, in my view, the property is not clear. But illegal has been proved by the fact that there is no presumption of guilt, but is a manifestation of the spirit of the rule of law. Fourth, the existence of such crimes surrendered controversial, according to China's laws on the surrender, While in theory there is the possibility of surrender, but because of the special nature of this crime, I think a huge amount of property from unidentified sources surrendered crime does not exist. Fifth, the judicial practice exists confusion performance of the offense in this category as corruption and bribery crimes suspects to circumvent the law "umbrella"; damage to the image of the judiciary; confused and wrong.To solve the above problem, the authors of the third part of the corresponding countermeasures. First should improve a huge amount of property from unidentified sources crimes legislation, including the "Criminal Law" on the 93rd of the country should be further clarified through legislation; amend sentencing, It provides for different sentencing range to suit different criminal cases; increase the property punishment; additional qualifications sentence, deprived of the right to hold public office. Secondly, we should establish property reporting system, and strengthen the practice of operation, the specific ways: development of property reporting laws enrich and improve our criminal legal system; set up specialized agencies, and a set of control mechanisms for the protection of achieving compliance. Expand the scope of disclosure of the assets of the extension; Legislative protection, in other codes of conduct and rules and regulations to make consequential provisions. Finally, it should be to establish and improve the supervision mechanism, including the establishment of specific measures to improve the financial supervision mechanism and the establishment of a sound party, non-party system.