The Research On Several Questions About The Crime Of Huge Unidentified Property

The crime of huge unidentified property is the crime that the country staff can't explain the legitimate source of the property and the expenditure, which are evidently and hugely in excess of legitimate income. The crime is seriously harmfulness to the society, and it is very common in the real world. Since the crime was established, there were a great deal of controversy in theory and practice. More discussions are in need because there are many divergence and doubts in realization. Moreover, how to identify the crime, whether there are the existence of surrender and the accomplice and who will take the responsibility of the burden of proof are required to be discussed further. Therefore, the article analyzes how to identify the crime, whether there are the existence of surrender and the accomplice and who will take the responsibility of the burden of proof, through several typical cases of the crime of huge unidentified property. Then, arouse some opinions on the analysis. The paper is about ten point eight thousand words and the content as follows:Partâ… : the characteristics of the case of the crime of huge unidentified property. It contains the followings: the amount of the property is surging; the separate application of the crime has not been applying in judicial practice; the sentence is lighter than the cases of corruption although the number is huger; the joint crime was approaching.Partâ…¡: the analysis of the difficulties and doubts in the crime of huge unidentified property, in the administration of justice. It discusses the following three aspects emphatically: First, analyze how to identify the crime and arouse some problems we should pay attention through some cases. Second, elaborate the surrender of the crime, according to the relative regulations in criminal law and the theories of surrender, and display whether there are general surrender and special surrender; Third, discuss the existence of the joint crime through the analysis of the conditions of joint crime in the crime of huge unidentified property, especially whether the non-country officers can be the subject of the crime.Partâ…¢: the analysis of the burden of proof and the production burden in the crime of huge unidentified property. Based on the relative theories of the burden of the proof of the crime and the clarification of the burden of proof and the production burden, conclude that the suspect and the defendant should take the production burden not the burden of proof, and the judicial organ take the burden of proof.Partâ…£: conclusion. Summarize the article in briefly sentences.