Large Amounts Of Property From Unidentified Sources Research And Analysis

The crime of huge unidentified property is the most controversial in the special provisions of criminal law. In those controversial problems, there are criminal name, concept, the constitution of crime and voluntary surrender. The criminal act is stipulated in the criminal law. However, the nature of the criminal act is starting point for the study of the criminal theory. The view of this article is that the nature of the criminal act is "negative act" in this crime; its embodiment is "inexplicability". If "inexplicability" is regarded as the clue of the article, some substantial problems will be connected tightly together. Furthermore, through theoretical, lawful and comparative analysis, we can find the deficiency of this crime and the theoretical base of reconstructing this crime. Finally, through improvement of relative rules, we can construct the relatively reasonably prevention and punditry system of ruling "huge unidentified property".Specifically speaking, there are six parts in the article, also including introduction, tag and appendix.Introduction shows that the crime of huge unidentified property is the most controversial crime in the special provisions of criminal law, and then shows the necessity of analyzing these problems and the means of solving these problems.Part one is the origin and actualities. This part illustrates the history of the crime, and two international legislative modes, and then shows the similar situation in our county. This set up an outside basis of making this article's point.Part two is the criminal name and concept. The criminal is " inexplicability of the crime of huge unidentified property" . According to the ruling of defining, this article reaches the content of concept.Part three is the constitution of crime. The opinion of this article is that the object of this crime is the national explanatory system of property; the dangerous act is negative act embodiment is inexplicability and there are three compulsory sources in the objective aspects of crime; the subject of crime is "standard national public servant"; the subjective aspects of crime are direct or indirect criminal intent.Part four is about other substantial problems. For example, voluntary surrender, legally—prescribed punishment and limitation. This article considers that there is voluntary surrender, and it includes general and special types; because there are some deficiencies and reasons in the arranging of legally—prescribed punishment; there is limitation, it begins with the finishing of the last illegal obtaining, and according to legally—prescribed punishment, it counts the limitation of this crime.Part five is the actuality of performance, the deficiency of legislation and the perfection of legislation in the criminal name, the description of guilt, penalty and legally—prescribed punishment.Part six is the construction of relative systems. The article insists that there should be perfectly national explanatory system of property of national public servant, the system about the actual name of finance, the system in preventing fund escaping to the foreign and perfectly surprising system.