On The Criminal Law Implementation Of Property Declaration System In China’s Anti-corruption Mechanism

The property declaration system,as an important measure to prevent and control corruption,plays an important role in China’s anti-corruption system.However,China’s current property declaration system lacks the docking mechanism with the criminal law.It not only has no specific charges directly corresponding to it,but also has many omissions in the implementation of the property declaration system in the application of the "crime of unidentified source of huge amount of property" in the practice of criminal law due to the defects of the system itself.Only from the perspective of the current legislative interpretation of the crime of huge property,can we solve the internal contradiction between the crime of huge property and the crime of unknown source.The main research methods used in this paper are: empirical research methods.By searching the judgment documents in a specific area,this paper makes a comparative analysis on the overall quantitative changes of cases and the details of criminal subjects and penalties,so as to clarify the current judicial situation.Normative analysis method,through the summary and analysis of the criminal law provisions on the crime of huge amount of property with unknown source in the current criminal law,relevant judicial interpretation and sentencing guidance,and through the legislative evolution and judicial status quo,summarizes the development direction in practice,and then determines the research direction of this paper.In addition,it also includes literature research methods,historical research methods and so on.This paper adopts the architecture of finding problems,analyzing problems and giving suggestions.The first part discusses the application difficulties faced by the property declaration system in China’s anti-corruption mechanism,mainly combined with the relevant legislative experience abroad,based on the reality of China’s legislation,reasonably defines the property declaration system,and analyzes the current situation and causes of the ineffective implementation of China’s property declaration system combined with specific cases.The second part mainly discusses the criticism of the existing path of the implementation of the criminal law of the property declaration system.The author analyzes and studies this problem from the legislative technical level and theoretical interpretation level,and summarizes and evaluates the existing disputes.The third part of the paper is the focus of the paper.It mainly discusses the technical solution path of the connection between the current property declaration system and the Criminal Law Hermeneutics of the crime of huge amount of property with unidentified sources.Based on the relevant legislative reality of China’s criminal law,from the perspective of legal hermeneutics,This paper discusses the theoretical possibility of applying the current crime of unidentified source of huge amount of property to implement the property declaration system and the practical feasibility of applying the current crime of unidentified source of huge amount of property to implement the property declaration system,and puts forward the specific interpretation process and interpretation conclusion.