Research Of The Burden Of Proof Of The Crime Of Holding A Huge Amount Of Property With Unidentified Sources

The masterstroke of this paper, which takes an important part in the research of the crime of holding a huge amount of property with unidentified sources, is a crucial theme. To point out that the problem of allocation of this crime’s burden of proof, through comprehensive analysis, try to use the national and foreign criminal law’s theories, and based on the illustration of this crime’s burden of proof which mostly are made by our country’s scholars,to make comments of some theories of this crime’s burden of proof---namely" sharing the burden of proof"," the prosecution bearing the burden of proof" and" transferring the burden of proof". This article is divided into five parts:The first part is about the overview of burden of proof of this crime. The major part of the crime of huge unidentified property proof responsibility, objects and general criminal burden of proof in different department undertook elaborating.The second part is about the crime of huge unidentified property proof problem analysis. The burden of proof on the setting of existence several major problems, this part makes a detailed analysis on the. First of all, the burden of proof set itself is not perfect; secondly, the" description" provisions are not clear enough and the lack of perfect" state officials property declaration law"; finally, the counts in the legal provisions on the expression of and existing problems.The third part mainly introduces the research on the crime of huge unidentified property legislation and academic point of view, is divided into two parts:the first part introduces the United States, Hongkong, Singapore and other countries and regions on the criminal legislation and introduces the common law and continental law scholars in criminal lawsuit proof responsibility distribution principle;the second part mainly introduces Chinese scholars’ view about the crime of huge unidentified property proof responsibility of relevant theories, and make comment on. This part is divided into two parts:the first part introduces the academia about the proof responsibility of academic viewpoint, undertook analysis and evaluation; second part introduces the academic circles about the perfection of crime of the burden of proof of academic viewpoint, undertook analysis and evaluation. This part of contents for the proposed consummates the related measures of the burden of proof plays an important role in.The fourth part mainly revolves four aspects, which is presented in this paper to improve this crime’s burden of proof:first, for the crime legislation and amendment and perfection of the statement of the name, the" legitimate income" to "public revenue", and will charge modified as" refuses to explain the crime of huge property source"; second, the establishment of" state officials property declaration law", and from the details perfect" state personnel property declaration law". to strengthen the practical application effect; last, redefining the crime suspect" responsibility" and " explanation" is defined as" the real degree determined’ degree.