Recognition Of The Huge Amount Of Property From Unidentified Sources And Legislative Perfect

The crime of holding a huge amount of property with unidentified source is anew kind of crimes for punishing the corruption more effectively under thecircumstances of fast development of economy. In the last few years, it is beingpaid more and more attention by the judicial and legislation field. As being created,the controversy about it has been never stopped, including the value of thelegislation, the constitution and so on. It is called "the most controversaryaccusation of the specific provisions of the Criminal Law" because of the widelyand fiercely discussing.The thesis is about 28 thousand words:Partâ… : The general introduction of the crime of holding a hugeamount of property with unidentified source. This part is about the backgroundand evolution of the legislation. And then analyse and judge the value legislation.For the crime of holding a huge amount of property with unidentified source, it isnecessary to exist no but the faults.Partâ…¡: the cognizance of the crime of holding a huge amount ofproperty with unidentified source. This part is devided into 4 small parts toexpound the cognizance of the crime. First is the constitution of the crime. Fromthe 4 controversary subjects, analyse and pose my own opinion.Then the cognizance of confess: From analyzing the two different views of it,I think the crime of holding a huge amount of property with unidentified sourceshould have confessing. It also has ordinary confessing and specific confessing assame as the other crimes.The cognizance of finding out the source of the huge amount of the propertyafter being judged. The author thinks it should depend on the final source of theproperty, legally or illegally.The cognizance of the burden of proof of the charge. It is about the law ofprocedure. By analyzing the three views in the academia, combined with ourlegislated pattern and legislation spirit, and point out that it should assumed byjudicial authority alone.Partâ…¢: the improvement of legislation of the crime of holding a huge amount of property with unidentified soure. I think it is necessary for itsexisting, though not denying the malpractices of the crime of holding a hugeamount of property with unidentified source. So we should improve from twoaspects: legislation and regulation. From the rules to the punishment, all should beamended and improved. Being the prerequisite of the crime of holding a hugeamount of property with unidentified source, the family property declarationsystem should be gave more attention and formulated exhaustively. Cooperatedwith other regulations, it will form a integrated system and do more for theconstruction of our legislation.