Discussion Of The Problems Of Large Amounts Of Property From Unidentified Sources

The crime of huge unidentified property has come into The Criminal Law with an effective tool as net of justice originally. There are the related issues worthy of being discussed in theory and practice,the substantive law and the procedural law. Combining practice with theory , the dissertation is to explore the difficult issues about the crime of huge unidentified property. The dissertation consists of five parts except for introduction.Introduction illustrates the legislative process of the crime of huge unidentified property, and indicates two problems since this crime is put into practice: the first is that the original mean of being an effective tool as net of justice turns to the actuality which is not rigorous; the second is that the substantial elements of the crime of huge unidentified property have kept up continuous stability, while it suffers questions above substantive law and procedural law all the time. Therefore, the dissertation analyzes and discusses on the base of issues about how to use the name of crime,the design of criminal acts,whether or not the presumption of guilt,the rule of burden of proof,the legally-prescribed punishment, as well as draws out personal understanding on legislative improvement and references on justice application.Part one is about how to use the name of crime. It points out the importance of accuracy and simplicity of the name of crime, then shows the legislation of the name of crime and justice application, pointing out the crime of huge unidentified property is a controversial crime in The Criminal law. In the author's opinion, the name of crime should be "the crime of possessing huge unidentified property illegally".Part two is about the design of criminal acts. First, this part finds out the attribute of the criminal acts, the second it analyzes and indicates the attribute of the criminal acts.Part three is about the issues whether the crime of huge unidentified property is one of a presumption of guilt. In this part the author has discussed the issue on three different and continuous layers, thinks that the crime of huge unidentified property is not the presumption of guilt...