Research About Judicial Determination On The Crime Of Huge Unidentified Property

In order to punish the crime of corruption severely, the crime of huge unidentified property has been established24years. And it has played an important role in preventing and punishing the national staff of bribery and corruption.Since laws is only make the general provisions about this crime and less judicial interpretation about it, either theorists or practitioners have the long controversy surrounding the crime. Especially in2009, by Criminal Law Amendment VII, it is more urgent and important problem to researching on the applicable law, the limitation and other questions of this crimeThis paper combined with the related cases analysis the judicial determination of the crime of huge unidentified property. Firstly, this paper will introduce the different related theoretical about this crime by the related cases. Then it will discuss around the six major problems of the judicial determination of this crime, and put forward some views. Which discusses six major problems mainly has:1, how to understand this crime content described by law and how to apply it after amended in Criminal Law Amendment Ⅶ;2,how about the limitation should be calculated in the related cases;3, who can be judged by this crime, and whether retired national staff can certainly be judged by this crime;4,Whether national staff and others (including the national staff and non-state staff) jointly can be owned to form a joint crime;5. when the holden property by he perpetrator should be included in the amount of crime:6, whether Voluntary Surrender System can be applied to this crime and what is the applicable conditions.