On The Crime Of Huge Property With Unidentified Sources The Burden Of Establishing And Perfecting The Legislation

The essay tries to raise the definition of crime of holding a huge amount of property with unidentified sources,analyzes the constitution of the crime,indicate the operation significance of establishing the crime and the existing problems.And on these basis,the essay tries to utilize the research result of crime essence from criminal law of both the home and the abroad,to points out the essential characteristics and the violated social relations of the crime,and to make clear that the objection that the crime violates is the supervision power of national department towards government officials,the affairs the crime disrupts is normal supervision activities of the national department.Therefore,we deny that the crime is the theory and opinion of "the reverse of the burden of proof".Since the crime violates the supervision power of national department towards government officials,the officials should have duties to report their assets towards related department honestly.And thus,the assets declaration system needs to be established with legal form that would strictly make clear who is the subject of obligation of assets declaration;the content,range,mode,time,and etc of assets declaration.However,the current situation of assets declaration system in our country cannot be the preposition law for crime of holding a huge amount of property with unidentified sources,and cannot provide specific duties.And therefore, we need to borrow the advanced foreign idea,and further perfect the regulation of personal assets declaration system of our country.Through the above analysis,we can raise the ideal mode of assets declaration system of our nation,and further enrich and complete the structure and content of assets declaration system of government officials,increase the direction against and the attacking strength towards crime of holding a huge amount of property with unidentified sources, and better adapt to the needs of fight against corruption.