Studies Of The Crime Of Unaware Source Of Huge Properties

The crime of unaware source of huge properties has become a most contentious accusation in the special provisions of criminal laws since setting up it. We differ with each other about the legislative value, constitutive elements of crime, burden of proof and criminal punishment of this crime.In order to expound the legislative value, get a clear understanding of the essence and intension of constitutive elements of crime and correctively delimit burden of proof and scientifically convict and sentence ,this paper starts with substance and procedure, analyzes and approaches various most contentious questions of the crime of unaware source of huge properties, and compares foreign legislations, dissects current legislation and offers the suggestions of improving the legislation of this crime and related legislations.This paper holds that the crime of unaware source of huge properties is a negative crime. It is its objective essential features that should explain the real source of huge properties but refuses to explain it and brings about the unaware source of huge properties. The subject of crimes is the civil servant of state with two main features of non-temporary subject status and definite obligatory source. Subjectively, it has the direct intention of violating explanative obligation and causing the consequences of unaware real source of huge properties, and the indirect intention of defaming the prestige of a state functionary and sullying honest and clean duty of civil servant of state. The offensive object is a complex one. It infringes the declaration system of state civil servant's properties as well as the honest and clean duties of civil servant of state. The more appropriate accusation of this crime is a crime of refusing to explain the source of properties. The punishment for this crime shall divide sentencing grades, and properly give an aggravated punishment beyond...