Strengthen The Thinking Of The Mechanism Of Punish Large Amounts Of Property From Unidentified Sources

AbstractAny State functionary whose property or expenditure abviously exceeds his lawful income, if the difference is enormous, may should be ordered to explain the source of his property. If he cannot prove that the source are legitimate, the part that exceeds his lawful income shall be regarded as illegalgains, and he shall be sentenced according to the criminal law. The crime of huge unidentified property, as a new kind of crime, invites many arguments.The dissertation consists of three parts including introduction.Part one shows the background of legislation of the the crime of huge unidentified property and some different opinions about the legislative values of the crime. Based on positive and negative opinions about the legislative values of the crime, the writer thinks the values of the crime of huge unidentified property fair and rational.Part two illustrates the characteristics of the crime and how to perfect the legislative values of the crime, With the comparativestudies about the crime of huge unidentified property, the writer analyses legislative features in China and abroad and find something different and useful between them. Suggests how to pay attention the entity and procedure in our justice practice, and how to perfect some systems link up with《The United Nations Conventions Against Corruption》. This section is the main part of the dissertation.Part three tells how to prevent the crime of the huge unidentified property, and suggests how to set up and perfect the system of our country. As well as part two, this section is also the main part of the dissertation. Because it is more importment in preventing the crime from the fountainhead.