Research And Analysis Of Some Issues On The Crime Of Holding A Huge Amount Of Property With Unidentified Sources

In order to punish the corruption effectively, the crime ofholding a huge amount of property with unidentified sources getits reason to exist. Although the legislator have a good wish whenthey enacts such regulations, the flaw of the regulations of thecriminal law and the imperfect system of application of the assetsof officials which can survive in our country. From the moment thatit was set up to today, the crime exist a great deal questions whichwas disputed from beginning to end. Focusing on those issues, theauthor select several problems in that area to research on them. Generally speaking, there are five parts in this thesis. Thefollowing parts are the brief introduction of the context of thethesis: Part â… .In this part, it include two aspects. Firstly, theauthor mainly introduce the background of the crime of holdingamount of property. Secondly, analyse the constitution of thecrime of holding a huge amount of property with unidentifiedsources. The author hold that the subjective part of the crimeshould be government officials, the intention of the crime isdouble, i.e. the direct intention of acquiring lot of assetsillegally and the fault of denying in confessing the source of themoney. The action of the objective part of the crime includespossessing and inaction. The object of the crime is the honest andclean of state functionary. Part â…¡. The author discuss the name of the crime. In this part,it include three aspects. Firstly, introduce the legal name of thecrime is 'the crime of holding amount of property withunidentified sources' and introduce the arguable theories ofthe name of the crime in the sphere of learning. Secondly, brieflyintroduce the theory of accusation, it include the concept of theaccusation, the basis and principle of the accusation which wasdefined. The author do some analysis of the name of the crime, thendraw the conclusion: the name of the crime should be named as 'the -66-crime of possessing amount of assets with illegal sources'. Part â…¢. The author discuss some concerning questions aboutpersecution and procedure .It include three aspects: Firstly,there are some disagreement in the professional circle aboutwhether there exists 'assumption about guilty' in that crime,and the author hold the negative argument, this is to say thereshould not be assumption of guilty, but indeed, there are somefactors about that kind of assumption. Secondly, As to the questionof the burden of punishment, there are also multiple arguments inthe theory. The argument which the author hold is: In the wholecourse of the lawsuit of the crime, both the suspected person orthe accused person and the judicial powers should take theresponsibility of offering proof. Thirdly, as to the relationbetween the crime and the right of keeping silence. In penal lawcircle, the generally held point of view is the crime should beexception of right of keeping silence. The author agree with it. Part â…£. The author discuss two concerning questions about thepractice of judicature. Firstly, dicuss the limits of authoritywho can order the subject of the crime explain the source of theamount of property. The point of the author is: The limits of thesubjects who have the right include the job unit of the suspectedperson, the higher authorities, the supervisory authorities of thegovernment, the commission for inspecting discipline, Theprocuratorate and the court, but, if the subject who perform theright is different, the nature and the consequence is different.Secondly, discuss whether or not confine the explanatory time ofthe crime. The point of the author is: The explanatory time shouldnot be confined. Part â…¤. The author set up the prime theory construction fromthe legislature part of the crime of holding a huge amount ofproperty with unidentified sources and the concerning institutionpart of the crime. It include three aspects: Firstly, the authorp...