Explore Large Amounts Of Property From Unidentified Sources

The crime of huge property from uncertain source is defined as an action in which, when the output of a labor who is working in the country institution exceeds greatly to that of his/her lawful income and the balance is huge, he/she fails to explain that source is lawful when he/she is asked to do so.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 both in the circle of theory and law. In 1997, the Criminal Law kept the crime of huge property from uncertain source. Though its theory discussion has somewhat subsided, the problem in the justice is far from solving and cause this regulation on this crime can not give full play to prevent and crackdown the corruption and prevent the official power of the country from abusing as it should have. Therefore, it is quite necessary to make further research and discussion about this crime, according to the current law regulations and draw the experience of the relevant law systems of foreign countries.From the point of criminal procedure theory, the author forwards his opinion in the problems of the development of the crime of huge property from uncertain source, the constitution of the crime, the accusation and the responsibility of putting to the proof, the possibility of the existence of complicity and the improvement of the legislation in this crime etc.In brief,1. The problem of accusation. The author thinks the science and accuracy of any charges are relativity. Comparing , the crime of huge property from uncertain source is more reasonable. Because it summarizes the essential characteristic of the criminal act and it would not be misconstrued. In the situation that there is still not a identified truly scientific accusation, according to the highest court of People it can be defined as the crime of huge property from uncertain source.2. The composition of the crime. The author thinks subjective factors around the crime ofhuge property from uncertain source is shown intent and only the actual intent . And the objective factors is that the accused refuses to explain the true source of this huge property.3. The author believes that the burden of proof must be different from the production burden, the production burden of this crime is always the responsibility of the procuratorial organ, But the burden of proof can be shifted between the procuratorial organ and the suspected criminal and the defendant.4. The problem about the deficiency and improvement of this crime. Comparing with the same law in the foreign countries and Hong Kong districts, the crime of huge property from uncertain source defined in our criminal law has many differences, it should be modified. Such as the prescribed punishment is too single to embody the criminal policy of differential treatment. The accused will be applicated the same punishment no matter how much the amount of the crime is and whether the accused gives up his illegal-gotten gains. And property-oriented penalties should be stated as a accessory punishment for the greed characty of the crime.Finally, aiming as the tendency of the simple system of the declaration of his property of our cadres, the authors thinks we should establish Laws of the Report of the Public Employment People's Property as soon as possible.