Research On The Main Issues Of Crime Of Owning Huge Property From Unknown Sources

Crime of Owning Huge Property from Unknown Sources is a new type of crime with the reform and opening of China under the conditions of the socialist market economy. After the formation of this crime, it caused many disputes in theory horizon. With the improving of the socialist democracy and legal system gradually and deepening of legal practice continually, Crime of Owning Huge Property from Unknown Sources has seriously exposed the limit in practice and lag in the legal opinions. In order to realize the real legislation intent and resolve the awkward in legal practice of Crime of Owning Huge Property from Unknown Sources, it is necessary to review it thoroughly and consider it repeatedly.There are comparatively deep research and excellent achievement on this crime. Based on my elementary statistics~1, there are about 193 journals on this crime from 1999 till now, including 28 key magazines. In addition, there are 55 excellent master papers and one excellent doctor paper in it. Most of these scientific fruit study it from the point of lawmaking value, activity manner, the shifting of burden of proof, the formation of statutory sentence, and improvement of personal property declaration system, most of which have the similar study methods.Firstly, from the point of lawmaking value, the paper argues the crime has its reasonable base to exist in theory and practice despite of utilitarian goal. Secondly, it analyses the constitution of the crime and the manner of holding, namely, the illegal possession over and control over the huge property, and on this basis it attempts to resolve the debatable issues in the law application. The surrender as statutory mitigated condition of the crime includes common voluntary surrender and special voluntary surrender. The burden of proof of the crime should be inverted. In addition, the family members of the functionary who lives with him or her can be accomplice. Lastly, the paper provides the concrete suggestion of specifying the range of punishment measurement and establishing the property-oriented penalties, and it provides the corresponding opinions concerned on the title and count of the crime. As regards the supporting systems, it mainly deals with the necessity and importance of personal property declaration system (the front-loading system of Crime of Owning Huge Property from Unknown Sources and the source of explanatory liability of the actor) ,and outlines the main content of the system. At the same time, the crime will play active role in anti-corruption on the conditions that the other branch law should function well, supporting supervising system should be established and financial supervision should be strengthen.In conclusion, we only can find the parts of the facts if we consider something as it stands but neglect the whole part of the facts. Anti-corruption is the systemic hard work, we can not control and eliminate corruption only by criminal law or certain clause. Only when the system is healthy and supervision works well, the crime can have the function of improving the law, punishing the corrupt person, and reducing the litigation cost. Then the lawmaking goal can be realized and the negative effect can be avoided to resolve the awkward complexion in order to punish the former to warn the latter and nip in the bud .