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

The crime of holding a huge amount of property with unidentified source is a charge added into the 1997 Criminal Code of China,which was created by The NPC Standing Committee in 1988 for the purpose of improving the legislation system so as to penalize the crimes of graft and bribery,strengthen the efforts to fight corruption,improve the Party conduct and accelerate the construction of a clean and honest administration in the tremendous revolutionary change in the process of reform and opening of our country.However,due to the defects in the legislative technique,the lack of experience and practice relating to this charge,the insufficiency of the relevant supporting measures,there exist lots of defects in the legislation and judicial practices with regard to this charge,from which arise many debates in both academic area and judicial practice,focusing on various aspects of this charge. In considering such situations,the Author thinks it is a very necessary and important work of great significance to deliberate many issues concerning this crime,and based on comparison and analysis,raises his own views and thoughts.This essay is divided into four sections except introduction and conclusion.The first section is about the foundation theory of the crime of holding a huge amount of property with unidentified source.It discusses the concept of the charge.The author briefly summarizes and analyses the legislative history and development of the crime of holding a huge amount of property with unidentified source,provides arguments and comments on other three theoretical disputes,namely the retention or abolition of the charge,the burden of proof of the charge,and whether the presumption of guilt being in the crime.And then the author hold the value of law of the charge should be acknowledged naturally.The author points out that the burden of proof was not assumed by judicial authority and the accused in common,nor the accused solely.However,it should be assumed by judicial authority alone.The author thinks that the impact of the presumption of guilt should been denied in this accusation.The second section is about the crime constitution of the crime of holding a huge amount of property with unidentified source.The method of comparison is applied to make more specific analysis in relation to the crime constitution which includes the criminal object ,the objective aspect ,the criminal subject and the subjective element of this crime. According to the author ,the crime is pointed out to be a nonfeasance crime.The subject is the state personnel.The objective manifestation is that the actor cannot explain the sources of a huge amount of property obviously exceeding the legal income.The subjective manifestation is on purpose.The object is the incorruptible quality of state personnel's duty act.The third section is about the application of the crime of holding a huge amount of property with unidentified source in judicial practice.It not only inquires into the distinction between guilt and guiltless in this crime,but also the accomplices between family members and voluntary surrender of this crime.The fourth section is about the defects and the suggestions for improvement of the crime of holding a huge amount of property with unidentified source.focusing on the problems caused by the defects associate with the crime of holding a huge amount of property with unidentified source,the author points out that it is necessary to make the revision from the legislative aspect of this crime such as revising this crime's concrete indictment and the legal punishment.In addition,the author strongly thinks that we should improve the relevant system such as establishing the personal property declaration system for civil servants which is the focus of this article,consummating the finance supervisory mechanism,and persisting the strategy of combining of the supervision by the Party,the masses and the public opinion.