The Re-study On The Crime Of Huge Unidentified Property

The crime of huge unidentified property provided in the article 395 of the Criminal Law was modified by Criminal Law Amendment (VII) passed in 2009. In general, the amendment increases the intensity of the punishment of the crime. The amendments were significant. It can play a greater deterrent to the prevention and punishment of the corruption crime, and the protection of the integrity of the national staff team. Comparing the provisions of the crime of huge unidentified property in the Criminal Law with the relevant provisions of the "United Nations Convention against Corruption", we can find that the provisions of the crime of huge unidentified property in the Criminal Law should be improved in many aspects, such as criminal subjects, the subjective side, the crime targets and the relevant supporting systems. Implementation of the Criminal Law Convention is our international obligations, so a comparative study of the Convention and the Criminal Law of China is very useful to the rule of law. We can improve the legislative amendments with the spirit of the Convention as a reference.This body consists of four parts: First, elaborate the crime of huge unidentified property in the charges, concepts and legislative history; Secondly, analyse the main theoretical controversies and judicial practice difficult about the crime of huge unidentified property. Thirdly, set a comparative study on the provisions of the crime of huge unidentified property in the revised Criminal Law of China with the relevant provisions of the "United Nations Convention against Corruption" in five aspects, and put forward the issue need to be perfected. Finally, put forward the improvement strategy on China's criminal law provisions about the crime of huge unidentified property with the the legislative provisions and the basic spirit of the "United Nations Convention against Corruption" as a reference.