| Paralleling with the gradual deepening of socialist economic reforms and construction, the whole society enters the period of transformation and few state functionary, particularly some leaders spare themeslves; as a results, comparisons are all the fashion and the appeal of fighting corruption and building a clean government from the whole society is becoming higher and higher. Therefore, Chinese current penal code adds the crime of possessing huge estates without clear origin into crimes concerning bribery and corruption for ensuring probity of state functionary and punishing state functionary for crime by taking advantage of duty, which plays the positive role for purifying state functionary; however, in actual judicial practice, this article with the use of blocking only exposes the inconsiderate thoughtless in legislation with pursuing of success and benefit and morbidity of constitution established in advance, so it is necessary for us to perfect it with the time for making it get closer to practice. Article 395 of the Criminal Law states the crime of possessing huge estates without clear origin, which plays the positive role for ensuring probity of state functionary and punishing state functionary for crime by taking advantage of duty. However, in actual judicial practice, legal punishments have different ideas about how to control cognizance of this new crime; Meanwhile, this crime is deficient concerning legislation and needs to be further improved; besides, supporting systems should be speeded including system of the declaration of personal property and supervision and restraint system, etc. The writer discusses these issues mentioned above initially in this dissertation, which consists of seven parts with the seventh part as its focus.In the first parts, the writer mainly explains the history of legislation of the crime of possessing huge estates without clear origin. On January 21st, 1988, in the Supplementary Regulations on Punishing crimes of bribery and corruption issued by the NPC Standing Committee, the crime of possessing huge estates without clear origin was regulated by the form of legislation, which arouses many disputes within theorists and law. In 1997,criminal law absorbed this article and listed it in crimes of bribery and corruption as Paragraph 1 of Article 395.And then in 1999, Regulations on the cases directly accepted and investigated by People's Procuratorate issued by the Supreme People's Procuratorate refresh prescribed the standard of putting on record, namely, suspected huge estates without clear origin with the amount more than 300,000 yuan should be put on record.In the second part, the writer mainly introduces related legislation and regulation of foreign countries. The crime of possessing huge estates without clear origin is not original creation by Chinese legislation. The France criminal code issued in 1810 had clearly prescribe:"beggar and the person without permanent occupation will be adjudged to have committed a crime if they are found to possess a piece or several pieces with total value more than 100 francs and they can't explain the origin of these things". Currently, Pakistan, Singapore, the former Soviet Union, India, Hong Kong, Egypt, Malaysia, Thailand, Nigeria, Bahamas, Brunei, etc had stipulated the crime in the in the one-way law and regulation concerning anti-corruption. Hong Kong Special Administrative Region of china stipulated the crime in the Article 42 of the Prevention of Bribery Ordinance issued in 1948, and then assumed detailed regulation in Article 10 of owning the property without reasonable explanation and Article 21 of evidence of property of the Prevention of Bribery Ordinance issued in1971, so as to make easier to performance..In the third part, the writer mainly expounds the legislation value of the crime of possessing huge estates without clear origin. The legislator has set up this crime and has remitted the judicial organs'responsibility of providing the evidence of getting illegal gains, which can satisfy utilitarian need; At the same time, endowing criminal suspect with the right of actively removing assumption against themselves (providing proof for improving that their property have a legitimate origin when judicial organs instruct to explain) gives consideration and redress to legal punishment and catering to justice value. This ingenious technology of legislation is a kind of balance in a dilemma, which try every possible means to prevent the value conflict loss and wastage in the conflict between two values of justice and material gain, improving the transparency of authority operation, play the roles of limiting corruption and protecting social stability and health development.In the fourth part, the writer mainly introduces the concept and component of the crime of possessing huge estates without clear origin. The First one is subject of crime. The crime of possessing huge estates without clear origin requires peculiar subject of crime, who should state functionary. The second one is the subjective aspects of the crime, which means that subject of the crime is deliberate. The third one is object of crime, which is the probity of duty performance of state functionary and the proprietary right of public and personal property. The fourth one is objective aspect of crime, objective aspect of the crime of huge estates from unknown stems, which shows as the property and payout of actors distinctively surpassing legal income with large balance and actors can't explain the origin.In the fifth part, the writer analyzes the objective problems concerning the crime of possessing huge estates without clear origin, which is the action of that the property and payout of actors distinctively surpassing legal income with large balance and actors can't say the origin. The writer explains it from the following aspects:(1).There must be the property and payout of state functionary distinctively surpassing legal income and other property without clear origin with large balance.(2).Judicial organs can't investigate the real origin of huge property as balance, which is the necessary condition for property the crime of possessing huge estates without clear origin.(3).Actors can't explain the real origin of huge property as balance.(4).The property of the behavior of the crime of possessing huge estates without clear originThe sixth part deals with some problems about judicial cognizance of the crime of possessing huge estates without clear origin.with the development of market economy of china, the task against corruption shows many new characteristics and the crime of possessing huge estates without clear origin increases. How to seek for criminal countermeasure for cognizing the crime of possessing huge estates without clear origin according to the regulation of Chinese criminal law and combing with new situation and new problem is the problem facing each judicial personnel and researcher of criminal law.(1).Whether there is voluntary surrender in the crime of possessing huge estates without clear origin or not and how to cognize it.(2).The circumscription between the crime of possessing huge estates without clear origin and innocence(3).The circumscription between the crime of possessing huge estates without clear origin and other crimes(4).Joint offence in the crime of possessing huge estates without clear originThe seventh part is most important one, in which the writer put forwards the legislation defect concerning the crime of possessing huge estates without clear origin and how to perfect it.(1).The legislation defect concerning the crime of possessing huge estates without clear originSince this crime is enacted, it intensifies the function of criminal law fighting against hidden crimes and shows the principle of Where vice be, vengeance follow, which plays certain role for limiting corruption. However, with the constant improvement in socialist legal system and the development of judicial practice, the crime of possessing huge estates without clear origin has come in for much blame; someone believes that the legislation of this crime provides protection to badger hat and will become the port and protection for those with the crime of graft or briber, which puts the existence or deposition into the awkward situation.(2).unfavorable effects results from the legal defect of the crime of possessing huge estates without clear origin:i)damaging basic principle; ii)punishing harmful actions unfairly; iii)leaving gap for getting round the law; iv)investigating and punishing persons engaged ineffectively; v)bringing difficulties to investigating and handling the case.(3).The improvement of legislation concerning the crime of possessing huge estates without clear originSince the Article 395 in new criminal law has deficiency of legislation concerning subject of crime and legal punishment, which needs to be further improved. While perfecting legislation, we should establish its systems including system of the declaration of personal property, financial regulation and supervision and restraint system, which need establishing and improving each supporting system under the correct leadership of the party and ensuring it by improving it as the will of the state by virtue of law. Only thus can we promote the development of a socialist criminal law system with Chinese characteristics; fight against corrupt elements more effectively; carry out economic development more quickly and much better.The last part is conclusion of this dissertation. In the fight against corruption of the state, in order to perfect the crime of possessing huge estates without clear origin, it is necessary to take systemic project of fighting against corruption as large environment and combine this crime with other regulations and measures and other imputations concerning corruption in criminal law. Only in this way is it possible to constantly improve the task of fighting against corruption in the reality of social development.
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