Basic Research On The Crime Of Holding A Huge Amount Of Property

Since the crime of holding a huge amount of property with unidentified sources was stipulated in the Supplementary Stipulations of the Standing Committee of the National People's Congress on Punishing the Crime of Embezzlement and the Crime of Bribery adopted on January 21st,1988,an enthusiastic discussion has been warm up among the scholars.During the ten years of judical pratice,lots of problems emerge,some of which have been resoved in the Criminal Law Amendment 1997 while some are still in consideration and dicussion.The main content of the thesis is the following:Chapter One analysed the theoritic basis of the crime of holding a huge amount of proterty with unidentified sources.Chapter Two introduced the source and features of the crime through the comparison with foreign conuntries.Chapter three analysed the conception and feature of the crime in China.Thesis pointed out the drawbacks of the name of the accusation and analysed the relationship and difference between the system of property declaration and the crime.Then the writer suggested some improvemental proposals.Chapter Four studied on the problems of determination the commission of the crime and the way of perfection.Chapter Five researched on the specialized legal problems on the crime,such asthe relationship between the crime and the doctrine of the presumption of innocence,the limitation of prosecution of the crime,and what to do in the situation that the source of the property has been indentified when the judgment is in effect.