On Improvement Of Holding A Huge Amount Of Propertywith Unidentified Sources

The guilty of Crime of holding a huge amount of property with unidentified sources means a behavior that the property or expenses of the civil servants (or those who are involved in official services in the government offices or those are regarded as government official servants at law) exceeds obviously his legitimate income with great deficiencies and the agent is not able to identify the legal sources. Crime of holding a huge amount of property with unidentified sources is established by legislators for the purpose of anti-corruption in the increasing demands of fighting against corruption and of being honest in performing one's official duty. The legislative purpose of this crime is the judicial assistance. The establishment of the crime can remedy the losses caused by illegal huge property, prevent the occurrence that the large amount of particulars of offenses cannot be determined which is led by some covering actions like fraude a la loi and spoliation evidence so as to prevent criminal legislative loopholes. However, with the deepening of judicial practices, some legislative inconsideration has appeared and it has become rather debatable in judicial practices. This paper attempts to make some analysis of specific amounts contained in the crime of holding a huge amount of property with unidentified sources and related provisions concerning approval for filing a case from prosecutorial units at the provincial level. Some problems concerning provisions in the process of judicial practices are pointed out, some particular measures are proposed to tighten legislation and some personal suggestions are offered to improve the criminal legislation. The paper is composed of following chapters.The first chapter is a general introduction to the Crime of holding a huge amount of property with unidentified sources. Since the definition of the crime is not described clearly in terms of legislation, the author puts forward the personal idea by adhering to the provisions and legislative spirits of criminal law. It follows that the author mentions the four components of the crime—the theoretical arguments about subject, subjective aspects, object and objective aspects. At last, he analyzes the four components mentioned above and discusses personal opinions.The second chapter provides the broad external knowledge condition for analyzing the issue of body corporate of the Crime of holding a huge amount of property with unidentified sources through introducing some provisions regarding similar crimes from foreign countries and regions.The third chapter is the analysis and evidence of legislative value for the Crime of holding a huge amount of property with unidentified sources. The author holds that the establishment of this crime is justified and, therefore, has positive legislative value. The deficiencies are analyzed respectively in relation to the crime description, the subject scale, the condition for filing a case as well as its requirement for approval by the provincial prosecutorial department. At last, some problems are mentioned and discussed.The fourth chapter is about the fundamental schema to tighten the Crime of holding a huge amount of property with unidentified sources. In this chapter, the author puts forward the personal academic views and suggestions concerning this issue by providing evidence for the legislative deficiencies in the areas of subject, object and prosecution procedure.