Identification Of The Crime Of Holding A Huge Amount Of Property With Unidentified Sources

The crime of holding a huge amount of property with unidentified sourcesbelongs to the chapter of embezzlement and bribery crimes in criminal law which is“reveal all” charges, trying to solve the problems of anti-corruption in the neweconomic situation. With the rapid development of economy in our country, thedemand for anti-corruption is increasing in the whole society and the reliance of thiscrime for anti-corruption struggle is also gradually deepened. Since theestablishment of the crime of holding a huge amount of property with unidentifiedsources, however, it is facing lots of controversy that is so intense and fierce, whichhas caused certain problems for the identification of the crime objectively. Thisthesis is about the identification of the crime of holding a huge amount of propertywith unidentified sources, it analyzes this from its objective aspect, the main-body,subjective aspect and the differences with the related charges or other problems thatcome out in the process.This thesis is mainly divided into five parts:The first chapter gives a brief overview of the crime of holding a huge amountof property with unidentified sources, in this part, it mainly discusses and analyzestwo issues. First, it analyzes the concept of huge amount of property withunidentified sources by view of the holding state functionaries of huge amount ofproperty and “cannot explain”. Second, in the process of analyzing and summarizingthe judicial practice, then it further explores the difficult problems of this crime,including the identifications of behavior, scope of property, the difference, identity ofthe main-body, subjective fault and the distinctions between this crime withcorruption, bribery and the crime of concealing offshore deposits.Chapter two emphatically identifies the objective aspects of the crime of hugeproperty’s unclear source, in this chapter, it mainly discusses and researches threequestions. First, under the ground of various views on the analysis of this crimebehavior that obtains the differences by the focuses on the property or expenditure significantly exceeding his lawful income and cannot explain. When the nationalstaff holds a huge amount of property, it results in damage to the integrity of the statepersonnel duties behavior, which certainly agrees the holders of said. At the sametime, it gives a corresponding analysis of the key points “cannot explain”,“order toexplain” and the large amount of property. Second, it studies the property,expenditures and the scope of legal income of the national staff by the view of thefamily and specific relationships. Third, it analyzes the differences of standards foridentifications of this crime, then putting forward the recommendations of a unifiedstandard according to the regional economic development.Chapter three is mainly about the identification of the main-body of this crime,by the analysis of the view of the main-body, drawing the identified standards of thecrime main-body. Namely, they should be on the premise of the specific identity,taking the engagement in official activities as the essential characteristics, whichshould have continuity and professionalism. And then it presents a brief conclusionthat whether the retired and the specific relationships can be the main-body of thiscrime or not.Chapter four is about the identification of the subjective aspects of this crime. Itassures that the subjective aspects are direct intentions for certain on the basis ofanalyzing the identified point of view of the subjective aspects. Then it analyzes theknowing and active pursuit from the point of cognition factor and will factor, finallyit concludes that when the national staff surely know and cannot explain the sourcesof large amount of property, they can be identified to have directly intention for thiscrime.Chapter five is mainly about the analysis of this crime and other related crimes.This part begins with the differences between this crime and corruption, bribery fromobjective aspects and the main-body. Then it explores the case of overlap betweenthe concealing offshore deposits and cannot explain, under the situation that itidentifies and identifies this crime and concealing offshore deposits as well as therelated issues in multiple crimes that maybe involved.