Analysis Of 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. Charge this establishment should it says to be result that helplessness combine the two of utility of the legislation with of administration of justice. The crime of holding a huge amount of property with unidentified sources is a new accusation established on the basis of summing up the counter-corruption experience. This crime has always been in dispute in the circles of criminal law since its establishment, and may be a most disputing accusation in the branch of criminal law regulations. The content of this article mainly includes four aspects.Chapter one discusses the legislative evolution, legislative value of the crime of holding a huge amount of property with unidentified sources.Chapter two analyzed the crime constitution. The object is the incorruptible quality of state personnel's duty act. The objective manifestation is that the actor can't explain the legal sources of a huge amount of property obviously exceeding the legal income. The essential characteristic is that the actor refuses to explain the sources. The subject is the state personnel. The subjective manifestation is directly on purpose.Chapter three inquires into the problems of this crime with lots of dispute existing in the judicial practice,mainly involving the judicial identification of crime,joint crime, burden of proof, giving oneself up ,etc.Chapter four mainly analyzes the legislative defects of this crime in criminal law,and raises a thought to the crime's improvement of legislation and construction of system.