On The Crime Of Huge Property With Unidentified Sources

Crime of huge sum of money or property without legitimate explanations of the source(s) means that any state functionary whose property or expenditure obviously exceeds his lawful income , if the difference is enormous and he cannot prove that the sources are legitimate, the part that exceeds his lawful income shall be regarded as illegal gains. Since this crime of huge sum of money or property without legitimate explanation of source(s) is stipulated in the criminal law, various arguments have arisen in the theoretical and judiciary circle. The frequent application of this crime name make questions such as reasonableness of the existence of this crime, the scientific nature and whether the statutory sentence is too light more and more outstanding, among which the comparative big differences are how to express the name of this crime, the constitutive elements of this crime, whether the defendant bears the responsibility of providing evidence, whether it can be an significant breakthrough of the evidence theory that the defendant does not bear the responsibility in our country. The above differences in practice and theory in some degree have not fully reached its social effectiveness of in these ten years in containing corruption and punishing corrupted government officials which the legislators had anticipated on this crime name with its purpose for containing that crime. With these situations and the above-mentioned differences the deeper level of research and analysis of the this crime of huge money or property without legitimate explanation of source(s) are more pressing. As a postgraduate student serving at judicial institution, the author is aiming from the point of combining theory with practice to make a comparatively all-round research and analyses on the questions of the legislature background, constitutive elements, accomplice, burden of showing evidence on the crime of huge money or property without legitimate explanation of sources from the angle of the theory of criminology and litigation, based on which the author's own position on the revision and completion of the legislation on the crime of huge sum of money or property without legitimate explanation of sources is given out.