Large Amounts Of Property From Unidentified Sources

With the deepening of the economic system and political structure reform, the post economic crime demonstrates the complicated and various situation , and the unidentified crime of huge property source among them is paid close attention to more and more by the legislative circle and judicial circle. Since with the regulation of legislative form formally in " guilty additional regulation about the fact that the corruption offence of punishing was bribed " which the Standing Committee of the National People's Congress passed in January 21 , 1998, cause dispute on the theory circle and judicial circle. Involve such a great deal of questions as the charge , object , guilty infering , legal punishment , legislative value , giving oneself up , crime shape , number ,etc. mainly. Charge this establishment should it says to be result that helplessness combine the two of utility of the legislation with of administration of justice. In investigating and prosecuting the post economic crime course of corrupting , bribing , appropriating public funds for personal use etc., judicial personnel find that make sinners to return the possession and its enormous property of lawful earned income difference, crime people refuse source of proving, find true source really, judicial personnel though quite sure to can infer their an illegal income, but can only send out cannot help but sigh . Legislate to have , relieve the helplessness of the administration of justice on the basis of utilitarianism , namely has stipulated the unidentified crime of source of the huge property, although the one that inferred guiltily disliked, also difficult to take into account. Criminal law kept unidentified crime of source of huge property in 1997, but the dispute between judicial circle and theory circle has not been stopped because of this . Style of writing person this is it proceed with summary of the huge property with unidentified and guilty source to plan, can to legislative value , crime shape, give oneself up and legislate several research of problem of perfecting etc. that is should guilty, in order to is it assert to guilty legislation and administration of justice this beneficial to expect.At system structure, this thesis is divided into two major parts : survey and separate discussion.Sum up some, the thinking, which 1 cause from the unidentified crime of source of the huge property mainly, of our country provision that the source of the huge property is unidentified andguilty and copies of guilty constitutive elements of crime should, is it explain to come guilty basic situation. Whether in concrete to explain on the huge property source unidentified guilty constitutive elements of crime , 1 prove following view emphatically. " subject " emphasize government office retired personnel should include this crime subject in , " object " admit copies of guilty object honesty nature , department of post even more, " subjective respect " maintains a guilty essential characteristic lies in the actor holds the behavior of the huge property with unidentified source, but not can't state the behavior with legal source of the huge property . Assign to and talk about some, I probe into five following respects mainly:1, The unidentified crime of source of the huge property has substantive law and double legislative value of the procedure law. About this point, I think , its legislative value of entity reflects in the tight net of justice , stop up loophole, make criminal should is it punish to have, criminal this crime form and crime follow-up behavior getting fuzzy characteristic and society protect value of function pursue and fully reflect this. Its legislative value of procedure reflects in the rational distribution of burden of proof, the inherent reason is criminal legislation and result of coordinating the balance of the criminal administration of justice, second , reduce the need of the criminal suit cost on the basis of the utility purpose .2, Huge property source unidentified guilty crime shape issue, 1 think huge property source clear crime have only accomplished offenders, without the preparing , be abortive or discontinue the shape of crime, its accomplished type is not made by the behavior, it is not the result that is made , but hold and make and continue making (or make continuously). About complicity, I do not think this crime is complicity conduct way and common one as the way.3, On number of the huge property with unidentified and guilty source,first, it probe into confirm property source guilty number not unidentified not huge according to: Including consider the particularity of related and crime of other number crime in social economic development level. Second, huge property source unidentified guilty number calculate the principle. Third , huge property source unidentified guilty number function(include declaring the function and function of measurement of penalty guilty).4, Give oneself up at the question in huge property source unidentified a guilty one, I pass to theory circle about discussion that crime gave oneself up this, think huge property source unidentified crime is it give oneself up to exist , and concrete to explain huge property sourceunidentified guilty two situation of giving oneself up, namely generally give oneself up and the giving oneself up specially of the theory by giving oneself up. Can be divided into two kinds of situations in generally giving oneself up: First, after giving oneself up to the police automatically, state oneself accuratelying has huge property with enormous number, but can't prove legal source its, second after giving oneself up to the police automatically, in state some property department corrupt , bribe income accurately, can't state their legal sources to another part. And give oneself up specially include two kinds of situations , first , the suspect , the defendant or the criminal serving a sentence under compulsory measure because of this crime, so long as the one that state unidentified crime of other parts of huge property source that the judicial authority has not grasped yet accurately , second, the suspect , the defendant or the criminal serving a sentence under compulsory measure because of crime of corrupting , bribing etc., it is unidentified and guilty to state the huge property source that the judicial authority has not grasped yet accurately, should talk about by giving oneself up .5, Perfect and think deeply in legislation of the huge property with unidentified and guilty source. The author proposes legislating to the unidentified crime of source of the huge property perfectly from six respects emphatically this festival. Call upon as soon as possible issuing national government functionary's property declare law in term of preventing the crime. Second , put forward the concrete perfect mode of the huge property with unidentified and guilty source in the criminal law of our country in the form of legislative clause , namely amend " holding the source unidentified property crime illegally " to read. Legislate to " criminal law " in " can order source of proving , I can't prove " fixed content is deleted " source legal, think this content is a natural step that a judicial authority will generally go through in investigating this kind of case , its is not an objective important document of huge property with unidentified and guilty source. Fourth , propose it according to the measurement of penalty of number stepping to the unidentified crime of source of the huge property, it is the life imprisonment to improve legal supreme punishment, thus reflect the fair and justice of the law. Fifth , propose setting up and dispossess punishment. Including is it confiscate property punishment and fine punishment to set up, is it get up special result that prevent from to reach criminal law to greedy favourable post economic crime through economical sanction to aim at. Is it is it deprive qualification punishment to increase to propose , deprive huge property source unidentified criminal crime molecule take on public officeor as qualification , public office of candidate, this accords with the legislation of the post economic crime in the world, accord with the criminal legislative value of the huge property with unidentified and guilty source too. Copies of digest in sum take, I draw up this gentle , main intention is it it passes to be source unidentified crime several problem research and analyse to huge property to lie in, analysis solves this doubt in legislating and administration of justice of crime, in order to promote punishing and prevention of the unidentified crime of huge property source.