| Since the crime of huge unidentified property, it is the most controversial crime in the special provisions of criminal law, many people straightforwardly criticize that the crime of huge unidentified property in practice is the protection umbrella of the corrupt officials. It is last provision that enables the corrupt member to evade the important questions for the easy. Combining practice, this article author divides four parts to carry on the discussion to relate this crime several disputes major problem. The author proposes own viewpoint about legislation value, proof responsibility, questions in the judicial practice, the legislation flaw and the consummation of the crime of huge unidentified property and so on.I The legislation value of the crime of huge unidentified property: According to the background of legislation, the reason of product and the current law, it has utilitarianism, but the establishment is right, so it is only consummate, not cancel.II About the proof responsibility questions: The author thinks that the establishment of the crime reduced procuratorial agency' s proof responsibility, it does not exist "presents evidence the responsibility inversion" or "the proof responsibility shift" for accused person' s situation, this crime proof responsibility still held by the judicial organ.III About questions in the judicial practice:1. The explanation question of the crime of huge unidentified property: The author thinks it is not suitably to limit to explain the time of large amount property essence originates. About the authorized institution of... |