Study Of Large Amounts Of Property From Unidentified Sources

The crime of holding a huge amount of property with unidentified sources was brought into the Criminal Law formally when amending the Criminal Law in 1997.The purpose of establishing the crime is to punish the corruption more effectively and ensure uprightness of the civil servants' official activities. However, because of the legislative deficiency on the crime name , legally-prescribed punishment and the lack of the corresponding auxiliary system such as the system of declaring one's property and financial supervision, the expectant social effect of preventing and striking the corruption and avoiding the abuse of power has not been brought into play entirely. The author discusses the controversial problems such as the legislation, subject of crime, objective elements , legally-prescribed punishment and so on from the angle of criminal theory in order to play beneficial roles to solve the problems of the application of the legislation and boost legislative perfection.This thesis consists of four parts with about 32,000 words.Part I :the legislation of the crime of holding a huge amount of property with unidentified sources. The author makes a brief introduction of the legislative evolution of the crime, analyses the viewpoints denying the legislative value of the crime and considers that the establishment of the crime has active value in Substantive law and Procedural law. The author draws the conclusion that the present crime name is not rational and "the crime of failing to explain the sources of immense amount of property" is more exact and rational.Part II :the subject of the crime. The author generalizes the subject of the crime, discusses whether the family members could be the accomplices or not and thinks the subject of the crime is especial subject-the civil servants of state, but their family members can be the accomplices.Part III:several problems on the objective elements of the crime. The author supports the viewpoints that the act of perpetrating of the crime is the nonfeasance, suggests correcting "may order to explain" to "must order to explain" and explains "failing to explain" and "illegal income".Part IV:the legally-prescribed punishment of the crime. The author enumerates the censures on the legally-prescribed punishment of the crime ofthe academic circles and thinks that the present punishment is proper, but it is necessary to quantitate it concretely. Contrasting with other countries, the practice of the crime in our country is not very effective. The cause is the deficiency of necessary system other than the social macro environment and individual factors of the badger hats. It is very important to conform and standardize the exterior system and the smooth practical operation of the crime must count upon a suit of suitable systems of supervising the property of the civil servants of state.