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Judicial Determinationand Application On The Crimeof Possessing Huge Amountof Property With Unidentified Sources

Posted on:2011-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:X Q GuFull Text:PDF
GTID:2166360308953656Subject:Law
Abstract/Summary:PDF Full Text Request
As a new crime in the criminal law of China, the crime of possessing huge amount of property with unidentified sources was set for the legislative purpose of remedying the judicial loophole for which the public officers obtaining huge amount of property with illegal means can not be charged because of their evasion of law or destroying evidence. Such crime has taken an important role in preventing and punishing public officers against corruption from its establishment. With the deepening of China's market-oriented economy, some new features appear for the work of anti-corruption. Today, the crime of possessing huge amount of property with unidentified sources has grown gradually. Due to general provision for such crime and limited judicial interpretation related, its due effect has been undermined in practice. So, it's necessary to study the judicial determination and application of such crime further.This paper attempts to start from the constitution of such crime, combining with specific cases to further study some related issues in terms of judicial determination and application in judicial practice to discover its value in reality. This paper discusses about two major aspects as follows:1. judicial determination of such crime, specifically related to subject of crime scope, property, expenditure, legal income, calculation of the criminal amount. 2. judicial application of such crime, specifically related to confessing crime, responsibility of proof, limitation of prosecution, etc. It's of great significance to figure out such issues, which should help us punish corruption with legal weapon and make such crime work more efficiently.
Keywords/Search Tags:the crime of possessing huge amount of property with unidentified sources, judicial determination, judicial practice, judicial application
PDF Full Text Request
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