Opinions On The Disputes Of The Crime Of Huge Unidentified Property

With the continuous deepening of reform, job-related crimes reveals the trend of complex and diverse. The establishment of the crime of huge unidentified property has more than 20 years, but the theory and practice community has never stopped the controversy before.When "Criminal Law Amendment (7)" has be modified in 2009, huge amount of property from unidentified sources would be pushed into the spotlight once again. In view of this, this huge unidentified property on the shallow discussion, to the adoption of theoretical discussion, the times and the improvement of legislation, so that the crime against corrupt elements closer to the judicial practice, and elements to meet the needs of the fight against corruption.In the writing process, The author see a lot of literature on the basis of information, combined with her handling practice, based on the nonfeasance crime, to start on.This article is divided into four parts:Part I: According to the crime of huge unidentified property exist in the legislative dispute the value, the author put forward the opinions, that the establishment of the crime itself has legitimacy, criminal justice and utilitarian value is the result of choice, and the establishment of the crime does not violate the presumption of innocence.Part II: According to the crime of huge unidentified property exist in the implementation of controversial behavior, the author put forward the opinions, that: there are many that can not be held to overcome the disadvantages, on the contrary that there exists not as a relatively reasonable, and as a source of specific obligations are analyzed.Part III: According to the crime of huge unidentified property in the "Statement on The Source of Property" issues in the controversy, the author put forward her opinions, and by analyzing the expression of the counts of the crime, judicial interpretation and judicial practice related to the specific case, the author explain the nature of the subject, content and extent of the problems described.Part IV: Huge unidentified property for the existence of many disputes, the reconstruction of author's ideas. In the amendment of existing legislation charges and counts, improve financial disclosure and reporting system for civil servants and other supporting supervision system continuously at the same time."Criminal Law is not a panacea of the device", and certainly can not rely solely on a "crime of huge unidentified property", the setting of national staff positions to ensure the integrity of implementation. Anti-corruption situation is worsening in the current society, in addition to considering the legal and institutional shortcomings, we should also explore the social roots of corruption, from the moral system to prevent corruption, build up the fence. Punishment and prevention, both hands grasp, for us it is a long and complex integrated system of social engineering, long way to go.