Reflection And Reconstruction Of Large Amounts Of Property From Unidentified Sources

The establishment of the crime of huge unidentified property in our country is an important measure to punish the crime of corruption, besides, the value and the intention of its legislation is to establish stringent law to plug the loopholes, which can prevent criminals to avoid punishment. This legislation not only complies with the needs of China's current situation of the fighting against corruption, but also accords with international trends in the legislation. The first part of the paper outlines the legislative and judicial background of the current situation of the crime of huge unidentified property, and affirms the value of the legalization through international comparison.However, in the current judicial practice, characterizing the crime of huge unidentified property as the type of "holding" crime has brought a series of procedural problems: such as the irrationality of distribution of the burden of proof, wrongly ranging the actor's pleading responsibilities into the extension of the burden of proof; suspected of guilt may forcibly given the responsibility of proving the innocence to the criminal suspects, defendants, which is incompatible with the concept of the presumption of innocence; not conducive to protect their rights of silence, which is incompatible with the modern idea of the litigation. In essence, the crime of huge unidentified property should not be set into the areas of holding crime, as that its target can not meet the basic controllable character of the object of "holding" crime. The second part mainly analyzes procedural defects under the current legislative mode .The third part is from the view of "holding" crime to analyze the causes of current shortcomings.The fourth part of the paper reconstructs the crime based on the criminal "omission". In the last analysis, the penalization of this crime on criminal suspects, defendants is on account that they do not perform their obligations of explaining their property. While the origin of obligations has many foundations, therefore, the crime should be included as sin of "omission". When we reconstruct the crime in the criminal "omission", the preparatory work should be done well in order to establish the wholesome property declaration system to conform to the China's national conditions. And this will supervise the public official's property from the system and legalize their obligations. Only a clearly understanding about the nature of the omission of "refusing to declare his assets" can solve a series of procedural defects and play well role to achieve its objectives. In the design of the accusation, the proposal is given to replace the present the crime of "huge unidentified property" by the crime of "refusing the property declaration".