| In the "criminal law" of our country, the 395th rule legislates crime of holding a huge amount of property with unidentified sources. There are a lot of disputes since it is legislated. Though this rule plays an important role in h punishing corruption, a majority of criminal scholars hold differernt attitudes towards this rule since it exists, and the judicial organs in practice also has a lot of confusion. Due to the lack of legislation and the backward of yhe supporting system construction, we can not make full use of this rule to fight with the corruption. February 28th 2009, the NPC standing committee published "the amendment of criminal law (7) ", pushing this crime to the thunder wave. Should we follow the public's opinion to reserve this so-called "harbor" and "free death card" or aggravate this crime's legal punishment, revise the name of this rule, reconstruct and perfect the supporting system so that we could remove the embarrassing situation of this rule. Eventually, "the amendment of criminal law (7) " revised crime of holding a huge amount of property with unidentified sources, raised the legal punishment, which reflects the determation of our country to punish the corruption. but there are certain defects on this rule in real operation, and there exists a lot of controversy. For example, it is uncoordinated with the provisions of the anti-corruption convention, and the legal effect is disjointed with social effect, so it is necessary to adopt a series of measures to improve this rule.This paper is divided into three chapters. From this crime's practical plights and legislative dispute and the problems existing in the judiciary, we want to find out a perfect and effective way to enable this crime to fight against corruption crime, really playing a very active and effective role in jucicial practice, thereby enable it to exist in the reality to curb the officials'corruptiom. We will explore the original intention of eatablishing this rule in the first chapter in this paper,holding the attitude of advancing with the times, to treat the embarrassing situation of this rule in today's society, pointing out the close relationship between the Officials property application system and crime of holding a huge amount of property with unidentified sources. Since there is no perfect Officials property application system in our country, it leads to the reality that the crime of holding a huge amount.of property with unidentified sources is in a embarrassing situation, which makes it can not play a effective role in practical society. Then we will discuss three controversys on thia crime, which includes the burden of proof, main body composition and execute behavior, trying to pointing out the defaults of this crime and finding out a good way to solve these problems.In the second chapter, we will talk about the problems happening in judicial practice, such as the name of this crime, the sentence of this crime. What's worse, it is easy for this crime to become the incidental rule to punish the Crime of Graft and Bribery. At the same time, the intention of establishing this crime and the explanation of it are not clear, which makes it difficult for the law enforcement officials to make full use of it. Due to the special character of this crime, it gives the law enforcement officials discretionary power, it may lead to the misuse of the judicial power, causing unfair in judicial process. The intention of writing this chapter is to recognize the problem of this crime. Only when we have a clear understanding of these problems, can we draw the outline of how to solve them.The third chapter illustrate the controversy whether this crime should be reserved or deleted. I will show my reason to support my attitude that we should keep this crime and di something to perfect it. I think only when we try our best to found the net of punishing the corruption and complete the supporting facility can we make up the defects of this crime fundamentally, allowing it to play the due diligence.
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