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The Research On Legislative Problem Of The Crime Of Holding A Huge Amount Of Property With Unidentified Source

Posted on:2010-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:J M LiFull Text:PDF
GTID:2166360275481782Subject:Law
Abstract/Summary:PDF Full Text Request
The crime of holding a huge amount of property with unidentified source appeared in the market economy,which is a new type of crime along with the reform and opening up in China.It is not the original legislation to punish the crime of holding a huge amount of property with unidentified source in china,it has appeared in foreign-related legislation for a long time. On the basis of the practice of foreign legislation and the combination of China's national conditions, it was defined in Supplement Regulations on Punishing Crime of Corruption and Bribery enacted by the NPC Standing Committee in 1988,and embodied in chapter of crime of corruption and bribery in Criminal Law in1997. and it was revised in Amendment of the Criminal Law of the People's Republic of China (â…¦) in 2009. The purpose of the establishment of this crime is to punish the criminal who try to obtain a huge amount of property by illegal means. The comparison between our country's legislation of this crime and other countries shows that :the name of the crime, the legislative model, the scope of subject of crime, the scope of the property, the degree on explanation of the property, the extent of the legally-prescribed punishment are different.The controversy has never stopped Since the establishment of this crime. First of all, as for the evaluation of its legislation value, there are two diametrically opposed views, one is positive, the other is negative. Under the current circumstances, the establishment of this crime can fill the empty in legislation and can effectively crack down the criminal who try to obtain a huge amount of property by illegal means. Although there are defects exist in the legislation, resulting in many negative effects in judicial practice, the legislation value of this crime is still apparent. It is necessary to improve legislation for the lack of existing legislation. It can be divided into two programs to improve specific legislation: the recent program is to improve the Counts, and the legally-prescribed punishment of this crime; the long-term program is the improvement of the system. We should establish the rules of the national servants'property declaration and use legislation model of"the crime of holding a huge amount of property with unidentified Source together with refuses to report,the false declaration property crime".
Keywords/Search Tags:The crime of holding a huge amount of property with unidentified Source, Legislative comparison, Legislative value, Legislative defects, Legislation improve
PDF Full Text Request
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