Study Of Legislation And Issues About Huge Amount Of Unclear Properties Offense

Huge Amount of Unclear Properties Offense is a new charge (accusation) added in the Criminal Law. Nor only had the system of action of anti-corruption been perfect, but the investigation of the special kind of crime, corruption of state civil servants was strongly armed with law as well. Meanwhile, it is important to make the action of anti-corruption stronger. It has so many disputes about this charge, such as value of legislation, accusation, objective requisites, presumption of guilt, burden of proof and legal penalty. Therefore, the thesis supposed to investigate these problems deeply and make a suggestion about them.The thesis consisted of the introduction and the other seven chapters.It, Huge amount of unclear properties offense is the most charge in of criminal law, had been shown by the instruction.Chapter â…  focused on the value of law. Two theories of for and against were analysed, then the value of law of the charge had been acknowledged legally and legitimately.Chapter â…¡ focused on the name of the Huge Amount of Unclear Properties Offense. A few charges including Huge Amount of Unclear Properties Offense had been enumerated and analysed. Accounding these materies, the name of Illegally Unclear Properties Holding Offense was the true choice.Chapter â…¢ focused on the objective requisites. On basis of the follwing viewpoints, feasance and omission, holding, and so on, it had been surely put forward that the objective requisites of the offense was omission exclusively.Chapter â…£ focused on a theory, whether the presumption of guilt did be in theoffense. Accounding the analyses above, the impact of the presumption of guilt had been denied in this accusation.Chapter V focused on the burden of proof of the charge. There were so many opinions abuot this problem in the academia. The chapter supposed to approve the just reason that the burdedn of proof was not assumed by judicial authority and the accused in common, nor the accused solely. However, it should be assumed by judicial authority alone.Chapter VI focused on the criterion for imposing penalty of the charge. The penalty of huge amount of unclear properties offense did be low. The effect of the sentence of the offense was worse than what we expect, not only for the investigation, but the whole start-up course.Chapter VII focused on the legislation of the charge. First, the design of legislation had been studied deeply, and then it took a conclusion that the rules of criminal law and the correlative rules are important aspects that should be complemented.The addendum included referenced production and index of the thesis.