Large Amounts Of Property From Unidentified Sources Defects And Improve The Discussion

Around the legislative problem of the crime of huge unidentified property, from the theory of criminal law and criminal procedural law, this paper gives a comparatively overall discussion and comment. And on this foundation, it makes the specific view of modifying legislation and perfecting necessary system.Full text, about thirty-five thousand words, is divided into three parts. Major contents are as follows:I . Introduce three important awkward position of the crime of huge unidentified property in judicial practice, including more and more criminal quantities, very outstanding interrelation criminal, had been becoming haven and refuge for some degenerate officials.II. Discuss the three big defects of the crime of huge unidentified property in legislating, applied procedure of judicature and necessary system. According to the author, the crime has ten chief defecting in substantive law and procedural law: narrow subject of crime, being short of objective requisites of crime, running counter to the penalty meeting crime, suspicion about presumption of guilt, reversal burden of proof, being contrary to the privilege of silence and so on. The crime lacks complete property declaration system and financial control system in perfecting necessary system.III. Expound the legislative vales of the crime of huge unidentified property, point out that it is necessary to retain the crime and it is urgent to perfect the crime. Base on this, in the light of the notion of criminal policy merged into an organic whole, the author make the unique view and specific viewpoint about modifying legislation and perfecting necessary system of the crime of huge unidentified property. Legislatively, it should increase legal penalty of the crime, while the system of state personnel's Property declaration and the financial supervising should be perfected.