Study Of Large Amounts Of Property From Unidentified Sources

Since it has passed in < The supplementary regulates regarding on punishing the crime of corruption and bribe > by The Congress on Jan. 21, 1988 , the crime of huge property from uncertain source has aroused much discussion . After the enaction of the new Criminal Law in 1997 , attention has been paid again to the values of the crime, the objective requisites of the crime , the burden of proof, the joint crime and the voluntary surrender, etc . The disagreement in theory cause the problem in justice . People seldom be punished solely by the crime . To solve the problems which the crime faced with , I give my own viewpoints about some controversial issues on the base of refer to other countries' legislation experiences : (1) The legislation value. The author thinks that the legislation value is to punish crime , protect the human rights and solve the justice dilemma. The deficiency of the former regulation is the negative value. (2) The object of the crime is the incorruptibility of the state service personnel's functionary actions . (3)The objective requisites . The essence of the crime the fact that the perpetrator can' t explain or refuse to explain such huge amount of property, not the property itself mat the perpetrator owned . (4)The problem of putting to the proof. Although the establishment of the crime of huge property from uncertain source reduces the responsibility of the judicial organ, there is no the condition of reversing the responsibility of putting to the proof or the shifting the proving responsibility to the suspected criminal and the defendant. The judicial organ still is required to undertake the responsibility of putting to the proof. (5) The joint crime . The author thinks that in certain condition people are likely become the accomplice of the crime of huge property from uncertain source despite their status . (6) The voluntary surrender . There exist the voluntary surrender in certain condition . (7) The judicial organs is the only organ who have the power to order the perpetrator to specify the genuine source of huge property. Other organs and individuals don't have such power . (8) There should not put limitations on the time when the perpetrator should specify the source of the huge property . (9) The deficiency and improvement of the crime . Deficiency exist in both the provision and legally-prescribed punishment should be modified . Regulations such as laws of the report of the public employment people's property , rules of true name in financial actions and other supervision regulations etc . should be made to give the crime full play in preventing the corruption and bribery.