Research On Some Difficult Problems Of Unknown Origin Huge Amount Of Property Crime

Large amounts of property from unidentified sources since its establishment, most of them just as additional charges of crimes of corruption, bribery and other crimes to apply, very few independent apply. And the statutory maximum penalty for this crime significantly lower than the corruption and bribery in the criminal law and judicial constantly caused widespread controversy in recent years, several cases it is hot again draw attention to this crime, such as "Cousin "Yang up only bribery, huge unidentified property case, Ni Fake case and so on.Judicial practice for the crime that occurred many problems, I believe that it is necessary for the crime of several difficult problems in depth theoretical analysis and make suggestions to improve and strive to make this crime can better play its aim to combat such crimes. Difficult problems mainly related to the crime of the value of the crime legislation, the burden of proof, legal punishment is low, if applicable surrender system, accomplice and other issues. This article is divided into three parts, mainly for the sin of difficult issues and improve the in-depth analysis on the legislative and judicial theory angle respectively, and strive to make better achieve the legislative purpose of this crime, the fight against corruption is to contribute to the current depth.Part â… :legislative history and value of large amounts of property from unidentified sources in the analysis. This section describes the background of the establishment of this crime and legislative changes, to be elaborated for the first time to set up and improve the process of sin, but also legislative changes sought original sin. In this section, the author also from the value of the substantive law and procedural law aspects of the value of the value of crime legislation carried out in-depth analysis.Part â…¡:analysis applies Knotty Problem huge amount of property from unidentified sources. This chapter focuses on the crime since the establishment of the existence of some difficult in criminal law and judicial practice issues such as legal interest issue, the burden of proof issue, problem accomplice, surrendered problems. Through different perspectives criminal law and judicial practice were analyzed explicitly propose solutions.Part â…¢:Further Thoughts on Improving the huge amount of property with unidentified sources sin. This section, the author focused on the crime and the legal punishment of guilt by a detailed analysis of the problems and put forward suggestions to improve the relevant legislation. At the same time, the author proposes that China should establish a sound national staff property declaration system, propertydeclaration system for investigating corruption and bribery crime categories, particularly investigating large amounts of property from unidentified sources has its special significance, providing institutional basis for the crime; the other On the one hand, the system is able to make the country a comprehensive grasp of the dynamic property, income status of national staff, help clean the civil service, the judiciary is also conducive to corruption and bribery crimes investigated class.