Large Amounts Of Property From Unidentified Sources Identified

The crime of huge unidentified property has aroused much controversy since it was set up. Such cases also deserve different treatment in the judicial practice. This thesis, from the perspective of the constitution of crime, makes an analysis of and a research into its cessation pattern, joint crime pattern as well as the problem of one crime and multiple crimes. It also, from the perspective of guiding the judicial practice, makes a comprehensive discourse upon the establishment of this crime in judicial practice.The whole thesis is composed of five parts, focusing on the following questions.In terms of the constitution of crime, it is put forward that the object of huge unidentified property crime is a complicated one, which deals with the incorruption of the civil services, the regular management activities of the state organs, the prestige and image of the state organs as well as the public and private title to property. As for the objective requisites, the thesis, based on the analysis of its different theories, puts forward that the objective requisites of this crime should not be active. As for the subjects, the thesis mainly discusses the features, scope and defined standard of the subjects of huge unidentified property crime, and points out that sections should not be regarded as the subjects of the crime. As for the subjective requisites, the crime is considered to be a deliberate one.In terms of the cessation pattern of this crime, the author, having analyzed several chief viewpoints, points out that this crime does not apply to any standards of the cessation pattern of deliberate crimes. Preparation for crime, criminal discontinuance, criminal attempt and consummated crime all make no difference. It is only a matter of judgment whether the charge is made to stick or not.The third part deals with the joint crime pattern of huge unidentified property crime. The author thinks that there exists the situation of joint crime and sums up all the situations in which the family members without stations in the national departments join. The forth part discusses the establishment of one crime and multiple crimes. This crime is characterized by a certain concurrency or concomitancy with crimes of corruption or bribery. At the same time, there exists the situation of one crime and multiple crimes. After the source of the property is identified, original judgment can still not be quashed no matter where the real source is.In terms of the establishment of this crime in judicial practice, this thesis demonstrates the accountability, the setting of the standard amounts of property and the verification of the statement of the person concerned, the time and self incrimination. It is of great importance in practice.