Research On The Crime Of Holding A Huge Amount Of Property With Unidentified Sources

There has been much controversy about some theory problems of the crime of holding a huge amount of property with unidentified sources, such as the crime's justice, the accusation, the way of action, the responsibility of putting to proof ect. Also, this crime is not only taken as a kind of incidental accusation of corruption and bribe, but also utilized as the haven of the grafters to avoid more stern punishment. Due to its awkward situation, to pay more attention on the research of it is rather necessary. In this thesis, the author will make some analyses of this crime's focuses b, combining the relevant rules and regulations abroad, expecting to do some profitable work for the related theory research and legislation work.There are five chapters in this thesis: Chapter One is a general survey of the crime of holding a huge amount of property with unidentified sources, mainly on it's definition, characteristics, legislative background, and it's justice.Chapter Two includes the constitution of this crime and focuses on its objective circumstances, also the general analysis of the subject and the subjective factors.Chapter Three is about this crime's identification with other crime, as well as it's joint crime problem, voluntary confession problem ect.In Chapter Four, the author holds that it is the accuser, not the accused, who takes the responsibility to proving. Also, the author makes a comparison between the burden of proof and the production burden. The main body should be charged with the adverse verdict because he has not exercise his duty.Chapter Five is about improving and perfecting the legislation of this crime, based on the comparison between the characteristics of the relevant regulations at home and abroad. In order to achieve this aim, firstly we should establish the property declaration system for the state personnel and improve the authority execution system and the supervision system. Secondly, "possession" should be added into the crime description. Thirdly, because it's gentle statutory punishment, aggravated punishment should be established and various extent for discretionary action of sentencing should be set according to the amount of the illegal property.