The Application Of The Crime Of Huge Unidentified Property

In February 28,2009, the Eleventh National People's Congress Standing Committee of the seventh meeting of the People's Republic of China pass through the "Criminal Law Amendment (seventh) ", in which the crime of huge unidentified property is one of the highlights. The meaning of the Crime of Huge Unidentified Property is the property of national staff significantly exceeded their legitimate income, but the national staff can not explain the source. Guilty of such crimes of national staff will be sentenced five years in prison. The amount is especially large, will be sentenced at least five years in prison. Illegally acquired property shall be recovered.Since our country firstly set up the Crime of Huge Unidentified Property in January 1988, it become a "star counts" secondly only to corruption and accepting bribes in the utilization of national staff. Especially in recent years, it is often appeared in the criminal high-level officials. November 2008, Intermediate People's Court of Changsha has made bribery case verdict of Li Dalun, former party secretary of Chenzhou and Zeng Jinchun, the former deputy secretary of Chenzhou respectively. Review by the court, the defendant Li Dalun's family property was more than their legitimate income, there are a total of 1797.7393 million RMB huge amount of property, could not explain the legal sources. The defendant, Zeng Jinchun's family property had clearly exceeded its legitimate income, there are a huge amount of property 9.5272 million RMB totally, could not explain the legal sources. In 2009, the former higher People's Court of Chongqing, Dean of Education, Chongqing higher People's Court of the Judicial Committee (deputy departmental level), Wu Xiaoqing has been placed on file reconnaissance prosecutors. Identified by the prosecution, Wu Xiaoqing can not explain the legitimate source of a huge amount of 5.18 million RMB, he was suspected of huge amount of property crime. In 2009, Wang Huayuan, who served as the CPC Guangdong Provincial Committee with the Provincial Commission for Discipline Inspection, the provincial secretary and provincial discipline inspection commission secretary of the CPC in Zhejiang Provincial Committee and Provincial Commission for Discipline Inspection of his office, seek benefits for others, accepting other people's property to give a total equivalent RMB 771 million; Wang Huayuan also a total of RMB 895 million of property can not explain the source. In 2009, Wen Qiang, the original Bureau of Justice of Chongqing, was arrested. The public security organs home seized a total of RMB 3094 million from his family. Among them, Wen Qiang could not explain the source of the property.Of course, this crime is widespread in use of the same time. There are a lot of controversy among criminal law scholars, such as the Crime of rationality, science, the crime counts, object, objective elements and subjective elements, legislative value and statutory punishment and other issues.This article described the part of the crime in the following. In this first part, it focuses on the huge amount of property from unidentified sources in the legal concepts and legislative history. The second part is the value of the huge amount of property the Crime of unknown origin analysis, agreed to retain this crime in the Penal Code. Not because of huge amount of property from unidentified sources to some extent, violation of the presumption of innocence, to deny the value of its legislation. The third part is the huge amount of property from unidentified sources to value defined in the legislation, mainly from the subject of crime, criminal organization, the object of a crime, criminal objective to the legislation of the last defined value. The fourth part is the huge amount of property from unidentified sources defects and improve the legislative, the legislative defect is related to articles in terms of inaccurate statements, legal punishment set light, legislative proposal is the establishment of national staff should be as soon as the property declaration system, changing the charges for the crime of illegal possession of large amounts of property crime, abolition of the present Criminal Code provides that "the difference in ill-gotten gains.