| The establishment of the crime of a huge amount of property with unknown sources is to meet the actual needs of anti-corruption.On the one hand,it is objectively impossible for the judicial organs to find out the reasons for the difference in property;on the other hand,the probability that state officials take the initiative to explain the reason for the difference in property is relatively small.Honesty and performance of public affairs is a legal obligation of state employees.In this case,holding a huge amount of property that cannot be explained causes them to fall into a state of incorruptibility,which has already caused damage to the legal benefit of job integrity.By virtue of normalized legislation,the criminal law does not include such behaviors in the scope of regulation,and cannot impose penalties on the perpetrators.Therefore,in order to solve this dilemma,the crime of a huge amount of unidentified property came into being,and the crime of possession was used as a culprit to regulate such behaviors so as to maintain the integrity of the job.This article is divided into five parts to demonstrate the improvement of this crime legislation.The first part discusses the basic principles of the crime of huge amounts of property with unknown sources.First,explain the concept of the crime of huge amounts of property with unknown sources,eliciting different understandings from different scholars on the role of the two basic elements in the concept of this crime.Secondly,using the traditional four-essential constitution theory to analyze the criminal composition of the crime,focusing on the different theories of the crime in the criminal object and execution behavior.The second part is a comparative analysis of criminal legislation with unknown sources of huge foreign property.Summarize the criminal regulation methods of the state of unknown sources of huge amounts of property outside the territory,and summarize the three modes of conviction and punishment of fictional corruption crimes,separate criminal charges and other crimes,and the crime of refusal to declare and false declaration of property under the premise of property declaration.Comment on the theoretical basis behind the three models,and propose the legislative model that our country should adopt.The third part is to analyze the legislative flaws of the crime of huge amounts of property with unknown sources.On the one hand,from an abstract point of view,the crime is questioned as a violation of the presumption of innocence,which is mainly manifested in the practical-oriented utilitarian legislative purpose,the source of legal benefits is not clear,and the transfer of the burden of proof to the suspect.On the other hand,from a specific point of view,the implementation of the regulations of the criminal law is uncertain,and the points of blame are vague,leading to the implementation of this crime,including "inaction","holding" and "complex behavior theory".View.Finally,from the perspective of the criminal law system,this crime has the problem of mismatch between the crime and the penalty.The fourth part discusses the legislative improvement of the crime of huge amounts of property with unknown sources.First,clarify the principles.Improving the legislation of this crime should adhere to the principles of determining the infringement of the legal interests of the behavior,clarifying the focus of the regulation of this crime,and embodying the principle of consistency between crime,responsibility and punishment.Secondly,give specific suggestions on the improvement of the legal provisions,including clarifying the duty integrity legal benefits of the crime in the crime,deleting the ambiguity "order description" part,increasing the statutory penalty and increasing the property penalty,and making the above amendments separately Legal proof.Finally,propose solutions to related problems after the amendment of the law.The fifth part discusses the establishment and improvement of related supporting systems.It is suggested that my country should establish and improve the property declaration system as soon as possible. |
