The Improvement Of The Crime Of Possessing Properties Of Unclear Sources By Public Servants

The crime of possessing properties of unclear sources by public servants has accompanied with a great deal of controversies. These controversies not only come from theory fields, such as the charge itself, the range of subjects, proving responsibilities, behaviors and so on, but also from practice fields, such as the term of imprisonment and the kind of punishment. It is full of questions for the meaning of law. Also, it is full of confusion for the meaning of reality. The Seventh Amendment to the Criminal Law has been passed recently. It makes the crime of possessing properties of unclear sources by public servants become a hot issue which the legal workers are concentrating on. Therefore, the research about its further improvement becomes more important. By studying the survey and situation of the crime of possessing properties of unclear sources by public servants, comparing with the related legislation of other countries and areas, the author does clarify his views about some controversial points of this crime. Besides that, the author tries to provide improvement suggestions, especially on declaration system of officials' properties, hoping they are useful for this crime.The paper is divided into four parts, including almost 20000 words.The first part is named as "the survey of the crime of possessing properties of unclear sources by public servants". It gives a brief introduction about the beginning of legislation, the changes of clause and the related articles of other countries and areas. It analyses the reason why the Seventh Amendment revised the punishment of this crime. It also show the author's basic viewpoints, combining with the awkward situation for theory and practice fields of this crime.The second part is named as "the theory disputes of the crime of possessing properties of unclear sources by public servants". The author tries to focus on some theory disputes of this crime in a comprehensive, objective and dialectical way and show my own statements on the charge, the range of subjects, proving responsibilities and behaviors.The third part is named as "the practice disputes of the crime of possessing properties of unclear sources by public servants". This part concentrates on the term of imprisonment and the kind of punishment which are blamed for a long time. Combining with the Seventh Amendment, the author tries to provide legislation improvement suggestions, such as increasing the punishment of properties and the punishment of qualifications.The final part is named as "the system improvement of this crime", which is mainly talking about the declaration system of officials' properties. The contents involve in steps on how to improve the system.