Discrimination Of Large Amounts Of Property From Unidentified Sources

The Crime of Enormous Property without Legitimate Source is a charge added into the 1997 Criminal Code of China, which has been created for the purpose of penalizing criminals of corruption offence in the tremendous revolutionary change in the process of reform and opening of our country. ?As to the original legislative purpose, the creation of this charge is to improve 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. ?However, due to the defects in the legislative technique, and the lack of experience and practice relating to this charge, there exist lots of defects in the legislation and judicial practices with regard to this charge. ?Supplemented with the insufficiency of the relevant supporting measures, the application of this charge is not ideal, which arises many debates in both academic area and judicial practice, focusing on various aspects of this charge. ?In considering such situations, the Author also intends to deliberate certain issues concerning this crime, and, based on comparison and analysis, raise his views and thoughts concerning the requisites to constitute this crime. This essay is divided into five sections: the first section briefly summarizes and analyses the legislative history and development of the charge of Enormous Property without Legitimate Source; the second section discusses the legislative intention and value of this charge; in the third and fourth sections, the method of comparison is applied to make more specific analysis in relation to the criteria for categorizing the subjects, the scope of subjects, and the objective aspect of this crime, and further discussion is also made; in the fifth section, focusing on the problems caused by the defects associate with the charge of Enormous Property without Legitimate Source, the Author comes up with some detailed suggestions to improve the legislation, and explains his reasons at the same time.