Study Of Large Amounts Of Property From Unidentified Sources

This thesis examined the subject, object requisites and determining of some knotty problems in practice, etc of the crime of huge unidentified property elaborately and profoundly with the combination of theory and practice. The whole thesis consists of 5 parts, including Introduction.Introduction indicates that the crime of huge unidentified property is one of the most controversial crimes in the Special Provisions of Criminal Law. Part One illustrates the subject of crime, regarding that the subject of the crime should include all the state functionaries, which are prescribed in Article 93 of the Criminal Law. Moreover, there is a detailed classification toward state functionaries in this chapter. In the second part, based on the commentary on all available views about the objective requisites, the author unequivocally points out that the objective requisites is that the feasor can not explain the source of the huge unidentified income beyond his or her legal income. This is a kind of negative crime. The author holds that it is the People's Procuratorate who has the right to order the feasors to make explanations. Also, the time limit of this kind of explanations should be the whole period in which the judicial organs transact the case. The third part does a research on some perplexingproblems in the legal practices of crime of huge unidentified property such as the joint crime and voluntary surrender, acknowledging that joint crime and voluntary surrender do not exist in the crime of huge unidentified property and proposing some feasible solutions to other problems. The forth part puts forward the suggestions of how to improve the legislation of this crime with the establishment of the property declaration system as a basis. Furthermore, the author suggests that the first paragraph of Article 395 should be modified as "Any State functionaries should declare his or her income and outlay, The feasor whose property or expenditure obviously exceeds his or her lawful income, if the difference is enormous, may be order to explain the sources of his property. If he refuse to prove the sources or make fake explanations, the part that exceeds his lawful income shall be regarded as illegal gains, and he should be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and the part of property that exceeds his lawful income shall be recovered."...