Large Amounts Of Property From Unidentified Sources In The Judicial Application Of Controversy And Identified

Combating corruption and building a clean government has become the consensusof the whole society, in order to meet the needs of corruption, criminal law, a hugeamount of property from unidentified sources, look at the huge amount of propertyfrom unidentified sources since the establishment of the judicial process, this sin toplay in the fight against corruption an important role in promoting the anti-corruptionprocess, but the scope of this crime criminal subject, what is the objective conductelement, accomplice issues such as whether the burden of proof theory and judicialpractice are controversial. This article from the perspective of judicial practicepractice for this crime occurred several contentious issues and identify some briefdiscussion, through the comparative analysis of relevant theories, reference practicespecific methods of operation, from the level of practical application for this crimerelated issues immature authors views and perspectives identified in order to provide areference for judicial determination. This addition to the introduction, is divided intofour parts:Part1: huge unidentified property disputes and identified the body. Well definedscope of this crime is the subject correctly handle this crime is an importantprerequisite. For this part of the theory and practice on the controversial subject ofthis crime put forward their views."Criminal Law" Article93provides for the staff ofthe national staff, among other legally engaged in official business outside the bodydoes not belong to this crime may constitute the main body of this crime, but thetemporary employment of national staff employed before or after the dismissal of itsDepartment of non-national staff, whether they constitute the crime depends onwhether the property is acquired during his tenure, the incident is also tied in terms ofnational staff; meet certain conditions retired state workers can also constitute thecrime subject; by commissioned officers engaged in public service does not constitutethe crime.Part2: large amounts of property from unidentified sources controversy and objective elements identified. Objective behavior is the core elements of the crime,this section presents the objective of the act is not a crime to say, holding said acts andomissions as well as a combination of several controversial viewpoint say, throughthese kinds of disputes Viewpoints that the should be the objective aspect of the crimeis not a behavior. Meanwhile, the amount of crime committed by both characteristics,the amount involved is calculated in handling an important condition for this crime,this section on how to calculate the determination of property, expenses, legal incomeare briefly discussed.Part3: large amounts of property from unidentified sources accomplice disputesand identified. Practice often occur in view of national staff members of the familytogether with national staff transfer, conceal or refuse to explain the behavior of thesource property, which his family members could constitute the crime accomplice.The theory is that some combination of an accomplice accomplice in this crime, butthere are also family members need to have national staff identity as pre-conditions,but in the case of established instigator non-national staff members of the family canalso become an accomplice of the crime. That this crime is not necessarily anaccomplice to live together with the national staff.Part4: large amounts of property from unidentified sources dispute the burden ofproof and identification. This section presents the crime who should bear the burdenof proof in several controversial ideas, from the level of practice proved that theaccused does not assume responsibility for the behavior of their descriptions source ofthe property is the performance of the right of defense, the burden of proof of thiscrime by the judiciary commitment.