Analysis Of Large Amounts Of Property From Unidentified Sources

Criminal law is an integrated system .If we want to study any question systematically, we must think of the whole system. Criminal law includes two parts which re general theories of criminal law and specific theories of criminal law .The former are abstract And the later re specific. Studding any crime must be related with the general theories of criminal law and the crimes. This article does that way.The crime is called "the crime of holding a huge Amount of property with unidentified sources" , "the crime of holding illegal income" or the other names. I think that the first names can reflect the character of it.First , I discuss the crime generally .This part includes the history of the crime's legislation and the intention of it, the brief cases of the crime's legislation abroad. Then I discuss the objective aspect and subjective aspect of the crime. I think that the subjective aspect of the crime should include criminal intent and criminal negligence. By means of studding the burden of producing evidence of the crime, I find it is not inverted, but the standard of the crime is lower than the other bribery and corruption crimes. The voluntary surrender and joint forms of offence exist in the crime. On the stopping forms of offence, I think that the preparation for an offence does not exist and either the criminal attempt or the discontinuation of an offence does not exist, only if the stopping forms of offence of other crimes existed. I think the crime should not be characterized in the later. The limitation provided for by criminal law should not be applied to the crime. We can deal with it concretely. In its retroaction, if the doer could prove that the time he or she had Acquired the huge property be later than the time of the legislation of the crime, he or she should not beinvestigated under the crime. If not, he or she should be investigated. After the doer had been investigated under the crime, if we ascertained the sources of the huge property, we can do with according to what the property was from.After discussing the above, I study the positive aspect of the crime that the crime can reveal all the details in the bribery and corruption crimes, unburdens the judicial body in order to deal with the other bribery and corruption crimes and the crime is the outcome of our legislation becoming perfected. On the same time, lots of problem exists in the crime in fact, for example that having not regulations coordinated so that we can not hold the crime in fact, the statutory penalty not suitable for the crime, and under special condition, the judicial body making crimes of dereliction of duty. According to the problem of the crime, I think that on the aspect of regulations, we should prepare for perfecting the crime or doing with the huge mount property with unidentified sources, especially in the declaration of property and the burden of proof in the sources of the huge property. After that, I put forward two means to deal with its problem, which are 1) making its statutory penalty heavier and 2) the other crimes, such as the crime of corruption or the crime of bribery, replacing the crime. Through several cases, I discuss the two means comparatively .In the postscript, I summarize the whole article and illustrate the writing means.