Research On The Legal Questions Of The Crime Of Huge Unidentified Property And It's Burden Of Proof

With the development of economic of our country, there are more types of the national public servant's crimes appeared and the extent of these crimes widespread.The crime of unidentified property formulated in Criminal law of China in 1997 is a new criminal charge. There are many controversies widespread both in theory and in practice, the burden of proof in this crime is one of the focus of these controversies. This is a very important issue during the legal proceedings whether it is in the theory or practice. To some extent it's determined the outcome of a case. In China, the Article 395 of the Penal Code provide that the burden of prove the case of the crime of unidentified property should shifted to suspects, that's means the suspects have to prove the guilty by themselves.In this paper, I'll explore these following questions:first, I will clearly introduce and comment the value of the legislation of the crime of unidentified property,and I'll give some assessment about the establishment of the crime which depart from it's initial value.Second, in my opinion, there are no "burden of proof shifted" or "invert the burden of proof to another part" on the issue of who take the responsibility of prove the truth with evidences, and that the two statements have been make this new crime which is very premature to becomes more complex, it is not only very hard to operate in practice but also lead a bad result that can't play a good role in the prevention of corruption. I think the burden of proof of this crime should still follow the classic principles as "he who is affrmng must prove ". In this crime, the judiciary branch should bear the burden to present evidences. This legislation may on suspicion of presumption of guilt,and didn't adapted the principles of criminal responsibility,and also making the protection of fundamental rights of citizens more ineffective, contrary to the principle of equality before the law.Third, from the angle of legislation, we can see that although the original intention of the criminal is good, but the kindness and justice should not be at the expense of the interests of the suspects.The crime of huge unidetified property in the Legislation maybe make the behavior of corruption and bribery popular. It seems if the crime had relieved the judiciary branch from their resposbility,actually it's also exemption the prisoners from their obligation. This paper put forward the importance of the system of how to prevent the state staff s crime well, and our country should frame a good control mechanism and monitoring system to the people who have the power to prevent this crime like some other country which has its own system. At the end of the paper, I will give some specific measures to perfect this crime, particularly the importance of the system of the civil servant's declaration about their property.