On The Crime Of Huge Property With Unidentified Sources

The crime of holding a huge amount of property with unidentified sources is a new accusation established on the basis of summing up the counter-corruption experience. This crime has always been in dispute in the circles of criminal law since its establishment, and may be a most disputing accusation in the branch of criminal law regulations. Its establishment has a positive effect to the containment of corruption and the purification of social atmosphere as viewed from judicial practice for more than ten years. However, its drawback in legislation can not be ignored, which makes it to be in a very awkward position, and called as a protecting power for some lawless persons to evade striking. It's worth studying carefully the existing defects and a lot of dispute of this crime's manifestation in the legislation and judicial practice. The content of this article mainly includes seven aspects.Chapter one discusses the legislative evolution and legislative value of the crime of holding a huge amount of property with unidentified sources.Chapter two analyzed the crime constitution. According to current divergence of criminal law circles on the aspects of subject of crime, objective characteristics, subjective characteristics and object of crime, the crime is pointed out to be a nonfeasance crime on the basis of analysis. The subject is the state personnel. The objective manifestation is that the actor can't explain the legal sources of a huge amount of property obviously exceeding the legal income. The essential characteristic is that the actor refuses to explain the sources. The subjective manifestation is directly on purpose. The object is the incorruptible quality of state personnel's duty act.Chapter from three to five inquires into the problems of this crime with lots of dispute existing in the judicial practice, mainly involving the judicial identification of crime, joint crime, burden of proof, etc. It analyzed some aspects needed to note and grasp in the identification of fixed criminal number. The family members can't be accomplices of this crime. The establishment of this accusation has lightened the public prosecution office's burden of proof. However, there isn't existing the inversion of proof burden.Chapter from six to seven mainly analyzed the legislative defects of this crime in criminal law, which showed in the penalty regulations with the problems of high original punishment level, slight measurement of penalty and grade deficiency of penalty measurement, etc. These are contradictory to the criminal law's principal of conformance of crime, responsibility and penalty. In addition, the accusation has the defect of preceding established system. Being inadequate in legislation has brought many negative effects of the crime of holding a huge amount of property with unidentified sources in judicial practice. On these grounds, the author raises a thought to the crime's improvement of legislation and construction of system.