Analysis Of Large Amounts Of Property From Unidentified Sources

Striking corrupt is an important mission of probity governments constuction in all countries, and our country also ruled the unclear source offense of a huge sum of property as anti- bribery of law basis used to fight the job crime of national staff member in the criminal code. But the unclear source offense of a huge sum of property is output under the circumstance of misery and hardship, and the related kit system isn't to the utmost perfect either, and because of the social and history limit and law theoretical shortage, so it was born with a certain of limit. Since lawmaking in our country it is a controversy problem whether in the academic theories or a judicial actual situation field, having profusion of different opinions, it has animadversion and the applause, or both. At the same time, this offense also sank into embarrassed dilemma. The theories comes from practicing and also guides fulfillment. Studying unclear source offense of a huge sum of property will not only contribute to the progress of criminal law and enriching the penal code theories treasure-house, but also have advantage to the judicial practice and the lawmaking of this offense. So the research of this offense not only have important theories meaning but also have important realistic meaning too. This text commences from the true case, derivating many a few problems to this offense controversy and did an analysis of the focus and theories controversy of the case, then, finally combining our country's actual circumstance to elaborated related speculation of the source not clear offense perfect of a huge sum of property of the writer. In addition to preface, the full text is divided into five greatly part:The first part is a summary. Then the king is to take bribe with the unclear source offense of a huge sum of property.The secend part is the detail of the case. This part chooses to take bribe truely with the unclear source offense of a huge sum of property, the king was taken up by court and found out to have bribery crime and the source not clear offense of a huge sum of property, concurrent punishment for several crimes, but the things that make person very strange is that crime by taking advantage of duty , and having the same amount of money, penalty discrepancy which between taking bribe offense and the unclear source offense of a huge sum of property is very far. This is exactly the reason why people have attention to the source not clear offense rationality of a huge sum of property which is one of the inducement.The third part is the focus of the case. Because this case involves the concurrent punishment for several crimes between taking bribe offense and the unclear source offense of a huge sum of property. Under equal circumstance the penalty degree is very clear ,although our country have clear statement of penalty ruled the penalty of the unclear source offense of a huge sum of property, people have a lot of doubts: Can predict outcome of taking bribe offense as an offense and have the same punishment for the corruption to a huge sum of property? Did the unclear source offense of a huge sum of property breach the principle of presumption of innocence? can we affirm The Wang's wife for the accomplice, not guilty or make another offense? whether the penalty of the unclear source offense of a huge sum of property lightly breach consistent principle of the responsibility, crime and penalty? The focus that these people pay attention to is exactly the problem that the continuation wants to inquiry into.The fourth part is a controversy and divariation. The unclear source offense of a huge sum of property is a criminal charges with many dispute, from its establishing it has already been subjected to the everyone's concern, and animadvert and praise come closely upon heels. This part does an analysis to the focus that the case pays attention to, discussing that if this offense can be take as taking bribe offense, negative opinion and affirmation hit each other, which involves the problem whether abandon this offense or not. Another problem is that whether this offense breach the principle of presumption of innocence, because this offense give the person a kind of guilty in the judgment process, the academic theories field is widespread and exist two kinds of opinions currently, one is presumption of innocence, and another is the presumption of fact, so the scholars hold their own opinions. about whether king's wife is the accomplice or not these are three opinoins. The first is completely affirmative theories, the second is negating theories completely, and the third is compromising theories. The writer advocacy compromises theories, namely whether constitute accomplice need analyze a concrete circumstance concretely. The end is a controversy concerning penalty, this offense penalty is more lightly, so greatly parts of scholars think this penalty breached the consistant principle of responsibility and crime and penalty.The fifth part is study conclusion. In this part writers did analysis and discussed my own views about common commit crime and the penalty problem and drew the related frame of source not clear offense perfect of a huge sum of property .The writer discussed concept, history development and its lawmaking background of unclear source offense of a huge sum of property first, announcing the get and lose of this offense in the anti- corruption process. Then discuss whether this offense should depend on punishment of taking bribe offense or not, seeing from the lawmaking purpose and the lawmaking original meaning aspect, this offense should depend on punishment of taking bribe offense. Then Discussing whether this offense is presumption of innocence or the presumption of the fact, and by the analysis of responsibility of inquisition and obtaining evidence in the judicial process to this offense, the writer supports the standpoint that this offense belongs to the presumption of fact and pointed out obeying principle in the presumption of fact. by comparing with the penalty of thieves and taking bribery offense, can see obviously, the penalty is low, and breach the consistant principle of responsibility and crime and penalty .To this case, the writer clarify own views whether king's wife should be the accomplice of this offense, the writer thinks that we should treat different conditions using different methods. Although it is said unclear source offense of a huge sum of property has the necessity, but various shortages exist, which can't adapt new situation under of anti- bribery conflict, if it is not taken into correction as soon as possible, it will lose its original lawmaking meaning, even the circumstance of disobey with lawmaking purpose will appear mutually. Finally the writer expressed speculations to perfect this offense combining judicatory practise and related kit system and hope to acquire the reader's total resonance, and better promote the harmonious construction of the social law.