| Huge amounts of property from unidentified sources have twenty years of history. It's set up is closely related to China's economic development. Its purpose is to combat corruption behavior and strengthen building Party's work style and independent. Strict criminal arm of the law. Safeguarding the fundamental interests of the people. The establishment of this crime not only learns the foreign legislative experience also takes into account the Chinese actual circumstances, provides an effective legal tool for combating corruption and building a clean government, as well as plays a active role in preventing corruption, cleaning social air and purring the State personnel group. It is worthy our efforts to conduct concerning research on the Crime of holding a huge amount of Property with unidentified Sources, this is to say that we can polish both the legislation and judicial practice about that crime, at the same time put forward the research on the concrete crimes in our criminal law, through discussing those arguments which differ a lot. February 28, 2009, "Criminal Law Amendment (seven)"have adopted. It revised the crime and enhanced statutory punishment. Increased efforts to combat crime. We can see that criminal legislation approved huge property from unidentified sources. The crime of staff duties to safeguard national integrity, it is a sharp sword on the official head. In recent years, means of job-related crimes are hidden and very intelligent. Corrupt officials do not explain the source of huge property. Can not be found corruption and taking bribes. The offense did not achieve the desired result, instead, protected acts of corruption, very embarrassing. Huge amounts of property from unidentified sources have many a lot of controversy. However, relatively much disputes arises as of the formal establishment of this crime in the form of legislation, because of the short of the property declaration system as the premise for the statement obligation in this crime as well as the several disputes existing in the other legal articles themselves. For example, the behavior of the crime is Failure to act or omission? Possession? Complex behavior?"Orderd to explain"in this crime is substantial constitutions or procedural constitutions? Surrender Identified, Accomplice Identified; Whether violate the rule of the Presumption of innocence or not? Legal punishment of the crime setting the problem ect. My articles select this article discusses three controversial topics.My thesis is divided into three parts: The following section briefly describes the main content.The first part is Possession of applicable rules in the Crime of holding a huge amount of Property with unidentified Sources. First, there are many disputes of the behavior of the crime, Failure to act or omission? Possession? Complex behavior? My thesis means that the crime behavior is possession, the crime is possession-type crime. We should regulation the possession behavior and explain the possession behavior. My thesis think that"Can not explain elements"is not a procedural element factor. Procedural requirement should be achieved through the Code of Criminal Procedure. This is the inevitable requirement of Due Process Principles."Can not explain elements"should not be excluded from the crime constitution. This method of criminal legislation and criminal law explaination can be used to deal with this problem. Second, the re-positioning said possession."Can not explain elements"could be explained"Elements negative elements". The elements of a crime within the context of composition. The defendant"Hold large amounts of property"and"Can not explain elements"is not found to constitute the Crime of holding a huge amount of Property with unidentified Sources. If"Can not explain elements"could explained"Elements negative elements", Provide evidence that the defendant held a legitimate act, the establishment of illegal Ground for Elimination. Posseddion behavior is justified. It is determine the nature of the posseddion act. Third, the legislative intent of the Crime of holding a huge amount of Property with unidentified Sources and the legislative purpose of Possession-type Crime is consistent. The purpose and value of criminal law is to protect the safe of People's lives and property. Determine the criminal legislation is a huge amount of property from unidentified sources is the right of Possession crime. We can close the criminal arm of the law, and strengthen crime prevention.The second part is Presumption of applicable rules in the Crime of holding a huge amount of Property with unidentified Sources. The crime of the type of presumption and the application of the presumption. First, the presumption of this crime is the Presumption of guilt? Presumption of crime? Presumption of innocence? This paper argues that the crime of the type of presumption is the Presumption of innocence. The crime of the type of presumption consistent with the principle of the presumption can be overthrowed. Did not force the defendant accused to prove their Self-incrimination. Second, this crime is possession-type offense, the possession-type offense is closely related with the presumption rules. The evidence of category of crimes of corruption and bribery is instability and the evidence is a single. The burden of proof of the prosecution is very large. Presumption that the difficulty can be reduced and improve the efficiency of handling cases. Third, there are two presumptions in the Crime of holding a huge amount of Property with unidentified Sources. First, the presumption of the defendant hold source of the large property. The crime of the type of presumption consistent with the principle of the presumption can be overturned. It can reduce the burden of proof of the prosecution. It belongs to the legislative presumption. Second, the presumption that the Crime of holding a huge amount of Property with unidentified Sources of Subjective knowledge. It belongs to the presumption of fact. The Crime of holding a huge amount of Property with unidentified Sources is Possession-type of crime. The crime of subjective has a very large danger, the crime is very hidden, the crime is not clear obligations relationship, no obvious body movements. It is very difficult to understand the psychological state of the defendant. Presumed that the crime of subjective knowledge can enhance the work efficiency and punish acts of corruption.The third part is about the relationship between the Presumption and Burden of Proof in the Crime of holding a huge amount of Property with unidentified Sources. Presumption and Burden of Proof and Standard of Proof have closely relationship. Presumption directly affect the allocation of the burden of proof. In my paper think that Burden of proof divided into the burden of persuasion and the duty of producing evidence. The prosecution and the defendant bear the burden of the duty of producing evidence. Their standard of proof is different for different levels of proof. We should distinguish between the burden of proof and the duty of producing evidence. Clear concept of boundaries helps us to study the Crime of holding a huge amount of Property with unidentified Sources. The different places between the burden of persuasion and the duty of producing evidence: the duty of producing evidence can be transferred between the prosecution and the defengant. To prove the guilt of the prosecution bear the burden of persuasion always. The standard of proof of the prosecution and the defengant is different. Demanding the prosecution burden of proof is very strict. Judiciary proved the guilt of the defendant and provide the burden of proof. Presumption rules in this crime reduce the use of the judiciary provide the burden of proof. This does not violate the presumption of innocence rules. The defense refused to offer evidence but it may not affect his legitimate rights and interests. The prosecution proved that the defendant property was legal or illegal, may be found to constitute other criminal or innocent. |
