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The Defect Of The Offence Of Huge Sum Of Unknown Property And Its Lawmaking Substitution

Posted on:2005-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:X Y HuFull Text:PDF
GTID:2156360125958568Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The essay discourses upon two issues: Chinese Family Property Declaration System and setting up the Offense of Refusing to Declare and Disguising Property to substitute Offense of Huge Sum of Unknown Property. The essay sets out from the defect of Offense of Huge Sum of Unknown Property and is guided by the Theory of Integration of Criminal Policies. It aims at resolving the judicial problems of anticorruption and calling for combating corruption from the headstream.The Offense of Huge Sum of Unknown Property exists defect, it isn't consistent with the criminal and procedural basic principle, and in fact it is a paradox in substantial and procedural code. There are two contradictions: A. the offense itself violates the criminal legal principle and cop-out system substantially, B. it violates principles of presumption innocent and onus probandi, and infringe upon the defendant's right to silence of the International Convention of Human Rights.The contradictions of Huge Sum of Unknown Property Offense come from the defect of Chinese anticorruption system. The way to resolve is to strengthen the Integration of Criminal Policies. If we want to make national public servants' property transparent we ought to establish and consummate the system. The author suggests that China shall set up Offense of Refusing to Declare Property to substitute Offense of Huge Sum of Unknown Property, and he believes that there is no direct, internal and necessary connection between the Offense of Huge Sum of Unknown Property and Family Property Declaration System.Setting up the Offense of Refusing to Declare and Disguising Property is necessary because it is a demand to guarantee Family Property Declaration System to put smoothly into practice, also is a functional demand in social protection to realizes penal code protection national interest, social benefits with personal benefits. Setting up the Offense of Refusing to Declare and Disguising Property can be basic to dissolve real reason of establishing Offense of Huge Sum of Unknown Property, can settle the existed phenomenon of huge sum of unknown property, and have no lawmaking defect. As a result, substituting Offense of Huge Sum of Unknown Property is viable.The essay breaks through the traditional narrow penal code, and put forward the idea of the Integration of Criminal Polices in punishing the offence of corruption, and discusses the method, crime composing and lawmaking value of the Offense of Refusing to Declare and Disguising Property, looks after both the penal code value andthe lawmaking technique, and pushes defense line of the prevention of corruption crimes forward. The research on Family Property Declaration System of the essay is comparatively advanced in China. So the essay is of comparatively high theoretical and practical value.
Keywords/Search Tags:Integration of Criminal Policies, Family Property Declaration System, the Offense of Refusing to Declare and Disguising Property, lawmaking defect, Lawmaking substitution
PDF Full Text Request
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