Comment On The Crime Of Huge Unidentified Property

With the deepening of reform, the economic crime demonstrates the complicated and various situation, and the unidentified crime of huge property source among them is paid close attention to more and more by the legislative circle and judicial circle. January 21, 1989 the NPC Standing Committee adopted the "about to punish the crime of corruption and bribery to add that" the first time, a huge amount of property crimes of unknown origin formally adopted in legislative form, until 1997, "Penal Code" make it official at the Criminal Code provides more than 20 years, a huge amount of property of unknown origin at the judicial practice of the crime of a lot of problems, led to a lot of criticism in 2009, "seven amendments to the Penal Code," bring a huge amount of property of unknown origin and again the crime of standing on the theoretical arguments profession and the Judiciary's "tide."The first chapter deals with a huge amount of property of unknown origin had an overview of the crime: a huge amount of property from unknown sources, as well as the crime of the legislative history of this crime were established on the basis of a brief overview.Chapter two discusses the huge amount of property of unknown origin constitute a criminal offense and the value of analysis of legislation. The object is the incorruptible quality of state personnel's duty act. The objective manifestation is that the actor can't explain the legal sources of a huge amount of property obviously exceeding the legal income. The essential characteristic is that the actor refuses to explain the sources. The subject is the state personnel. The subjective manifestation is directly on purpose.Chapter three inquires into the problems of this crime with lots of dispute existing in the judicial practice mainly involving the judicial identification of crimejoint crime, burden of proof, giving oneself up, etc. This section of the huge amount of property of unknown origin constitute a criminal offense of the value of the legislation discussed separately.Chapter four of unknown origin a huge amount of property crime prevention. Combination of conditions and judicial practice, learn from the world of the anti-corruption prevention measures on the prevention of me in the work of anti-corruption measures and weaknesses, to improve the set up of the prevention of anti-corruption measures: the idea of appointed discipline inspection and supervision system to implement, independent oversight functions entrusted to the political system, to the right to beam power; improve the transparency and openness in political life, to strengthen the monitoring and supervision of public management systems the government establish a unified state appellate body report, "reports the Law," "Witness Protection Act" reporting mechanism, such as family home; from a huge amount of property crimes of unknown origin at the independent practice must rely on the smooth operation of a set of suitable property to monitor national staff and other relevant mechanisms of the premise, the people set up a sound system of financial disclosure.