Research On Large Amounts Of Property From Unidentified Sources Judicial Application

The new stage in the new century, reform and opening up has made significant achievements in our country. Economic and social development has made a major upgrade. People’s quality of life has made significant improve. At the same time, corruption in our social life and political life of the party and the people increasingly prominent, and the trend has continued to spread. Anti-corruption become a very important historical mission of our party and our government. To demonstrate the determination to fight corruption, our legislature weighed and created the large amounts of property from unidentified sources judicial application finally. Cannot be denied that large amounts of property from unidentified sources into the criminal past three decades, a large number of illegal possession of large amounts of property but the prosecution could not be verified trying to escape legal sanction corrupt elements are brought to justice. However, in judicial practice, to assume more of the crime of embezzlement and accepting bribes are alternative charges, realize it’s only instrumental value. At the same time, we recognize more clearly applicable to the crime in the judicial process, there are still a lot of controversy, complemented by appropriate supporting systems is a priority, it’s all worth further study.In addition to the paper of the introduction and conclusion, is divided into three parts:The first part of this paper analyzes the legislative history of large amounts of property from unidentified sources, described in detail in1988"Supplementary Provisions",1997"Criminal Law" and the2009"Criminal Law Amendment (Seventh)" the contents of the three legal documents, familiar with the historical development of this crime; Followed from both the said of positive and negative values into the details of this crime legislation. Comprehensive analysis of the views and reasons of the said of positive and negative; Finally, proposed the values for this crime of author.The second part of this paper, in detail research and analysis the judicial application of this crime in subject of crime(if the person who has left the national staff meets the crime), the burden of proof(theoretical dispute among the theory of the prosecution bears and the theory of burden of proof inversion and the theory of shared responsibility and the theory of the right of defense), common crime(theoretical dispute between the theory of affirmed and deny), crime morphology(shape and stop this crime consummated form) surrendered to the problem(theoretical dispute between the theory of affirmed and deny),and put forward the author’s views and reasons independent judicial application.The third part of this paper considers only rely on large amounts of property from unidentified sources into the penalty cannot completely grasp the property status of national staff and more not completely punish corrupt elements should learn from foreign experience, based on the combination of our country actual situation, establish and improve the property declaration system as the supporting systems the full realization of the independent value of large amounts of property from unidentified sources. Hope that results of this study can be recognized in the judicial application, can play a role in promoting the rule of law anti-corruption road.