The Crime Of Huge Property’s Unclear Source Of Judicial Cognizance Question Research

As early as 1988 on January 21,China’s National People’s Congress standing committee passed the "supplementary provisions on punishing corruption and bribery of,in the supplementary provisions in paragraph 1 of article 11 of the" state personnel whose property or expenditure apparently exceeds his lawful income,the difference is enormous,may be ordered to explain the sources.I can’t explain the source is legitimate,the balance by illicit gains,be sentenced to fixed-term imprisonment of not more than five years or criminal detention,or simply confiscate the balance part of its assets ".In the beginning of the supplementary provisions promulgated,there will be some scholars believe that the property’s unclear source of punishment regulations still fall within the scope of bribery or corruption punishment,rather than just established a new charges.This view is mainly due to the punishment prescribed by the literal understanding,think "supplementary provisions" is addition to the embezzlement and bribery crimes,and rules set in content,are supposed to be the contents of corruption or bribery,should not be regarded as separate set up a new crime,the punishment is out of regulations for embezzlement and bribery crime,its aim is to prove the existence of corruption and bribery difficulty with unexplained property behavior to make the appropriate punishment,at the same time to guarantee the state personnel duty behavior integrity.But most scholars believe that the supplementary provisions separately established a new crime of criminal law,the idea that although supplementary provisions is the standing committee of the National People’s Congress on the embezzlement and bribery crimes,but added the applicable scope of the legal effect of corruption and bribery crime is not only limited to apply,here at the same time in the supplementary provisions to establish the crime of embezzlement is the best example,and in the rules set by the component elements of a crime are obviously different from any relevant charges of embezzlement and bribery crimes,should be considered as an independent crime.Anti-corruption work with the deepening of our country since the eighteenth big,huge property’s unclear source to apply this crime rate has been significantly increased,thus caused the author to the crime of huge property’s unclear source of some of the thinking,especially in the judicial practice,how to cause the attention of more interested in how to apply and study.Although the crime of huge property’s unclear source in the current theory views as independent crime has no objection,but the behavior a crime huge property’s unclear source since 1988,nearly 30 years,its tends to ornament duty crimes such as corruption and bribery,is almost never alone.Now open a lot of corruption cases in the judicial precedent,we can easily see the ornament in the crime huge property’s unclear source,but always can’t see it "alone" great moments,it had to call the embarrassment of judicial practice experience.A separate charges total want to take the form of "bundled" charges the reason,in this form for anti-corruption fundamental purpose of our country,especially with the idea of the charges set up at the time to compare,really make people can’t agree on the psychological society,so,the study of crime,not only has important theoretical significance,also has important practical value.Will be as an independent crime huge property’s unclear source in our country criminal law is a reflection of historical inevitability,and at the same time and the system of our country existing legal culture and the judicial practice,this crime along with the deepening of the civil service system in our country,to effectively apply the current punishment of duty crime demand,combining the reality in China,with the setting up of nearly 30 years of judicial practice,the charges such as position in the fight against corruption and bribery crime,safeguard state personnel behavior integrity has played an important role.At present although many scholars to the crime huge property’s unclear source has many good results,but we also see that the charges from the perspectives of legislation to judicial practice,there are many defects is not yet perfect,we also need to make up and perfect the from these aspects,this has prompted we should continue to focus on the subject,and into the deeper investigation and study,to make a substantial contribution to solve a practical problem.As you can see,all the economic reform of the state continues to promote effectively,to fight against corruption will more grim situation,we must be prepared to long-term anti-corruption,anti-corruption system,believe that as countries integrate anti-corruption power,perfecting the legislation and the construction of the system,as a weapon against corruption study the crime of huge property’s unclear source of justice will have good scenery prosperity.