The Application And Improvement Of The Crime Of Huge Unidentified Property

The crime of huge unidentified property has aroused much discussion both in theory and judicial circles since its establishment,mainly focus on what the crime legislative value is, whether it goes against the principle presumption of innocence, whether it inverts burden of proof, whether it lowers the legal punishment in theory circles. With the development of our socialist democracy and legal, the crime of huge unidentified property has revealed serious problem in the legal concepts and judicial practice.It does not totally play an important role to prevent corruption and the abuse of state power. In order to achieve the aim of the lawmaking on this crime and resolve revealed serious problem, it is necessary to fully explore and reflect about this crime according to our existing laws and regulations and foreign legal system and legislation experience of the crime.In addition to the exordium, this article discussed the course of change and development,the problems in the judicial practice, argument for establishment and abolishment, along with the improvement of this crime.The first part, the course of change and development of the crime of huge unidentified property.This chapter introduces the foreign criminal legislation and our legislative changes of this crime.By comparing foreign and domestic criminal legislation,thus the author come to own viewpoints.The second part,the problems and resolution of the crime of huge unidentified property in judicial practice. This chapter mainly introduces there has been lots of dispute since this crime brongt out,as the range of subjects,burden of proof,giving oneself up, etc.On the analysis of all kinds of pionts,the author put forward own viewpoints and ways of the settlement.The third part, argument for establishment and abolishment of the crime of huge unidentified property in judicial practice. This chapter mainly introduces the legislative value of this crime,and affirm this piont.The final part,the system improvement of the crime of huge unidentified property. On the one hand, the author think that we propose the legislative measures to perfect the crime of huge unidentified property according to our actual conditions and foreign experience.On the other hand,we should improve the system,as raising the deelaration system of officials' properties, consummating the financial supervision system, strengthening supervision system,etc.