| Since January 21,1988 National People's Congress Standing Committee in "about Punishment Crime of corruption Crime of bribery's Additional regulations" the official stipulation vast fortune has originated the unclear crime,related this crime's many disputes had not subsided.After in 1997 "Criminal law" promulgated,related this crime's legislative value,crime constitution,proof onus as well as,the application of common crime in the administration of justice,surrendering and so on questions to arouse the concern of numerous scholars once again.Given the fact that the vast fortune originates the unclear crime's legislation and the judicial present situation,on the basis of the abroad relevant legislative experience,the author draw the discussion of crime of the more controversial issues,and put forward his views:(1) In the vast fortune originates in the unclear crime's legislative value,the author thought the penalty crime,the assurance of human rights are its should however selection.The leak stoppage fills a vacancy and relief judicature are its solid however nature selection.And eagerness for quick success and immediate gain,and lacking of the presage standard causes deficient and flaw.(2) In the criminal object,the author thought that this crime's criminal object is country staff duty behavior honest.(3) In the objective aspect,the author thought that the vast fortune originates the unclear crime's objective aspect is to have,namely is the doer's behavior in the objective aspect which surpasses the lawfully earned income which originates the unclear vast fortune.(4) On the subject of crime,the author thought that the vast fortune originates the unclear crime's main body including two parts:the country staff and the accurate country staff.The retirement country staff should integrate the vast fortune to originate the unclear crime main body scope.(5) In the crime subjective aspect,this crime's subjective aspect only can be direct intent,can not be indirect intention,and cannot be the error. (6) In the proof responsibility,the author thought that setting up this crime reduced Procuratorial agency's proof responsibility,but does not have "the onus inversion" or "the burden of proof Shifting" for the suspect's and accused person's situation,this crime's proof responsibility were undertaken by the Procuratorial agency which still have complaint function.(7) About surrenders the question,the author thought that this crime can establish general surrenders and can establish special surrenders.(8) About in this crime's legislative flaw and the consummation,the author thought that this crime has the flaw in the indictment indication and in the legal punishment's establishment.The author suggested to adjust this crime's discretion of punishment scope,may divide two scales,namely "large amount" and "especially large amount".Concrete standard is based on the localization and timeliness differential treatment.Raising this crime's highest punishment is to change five year set term of imprisonment to the life imprisonment.At the same time,in order to display fully of originates the unclear crime's function,we should consummate the related legal regime as soon as possible,like the country staff property declaration system,the real-name financial trade transaction system and effective supervising mechanism and so on.
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