Study Of Large Amounts Of Property From Unidentified Sources

Since the crime of huge unidentified property, it is the most controversial crime in the special provisions of criminal law, many people straightforwardly criticize that the crime of huge unidentified property in practice is the protection umbrella of the corrupt officials. Because prescribing it in the criminal law establishment was not lasting long, the related theory research on it is not ready. Now it is recognized as the most controversial accusation, a lot of problem about it is under disputed, such as concrete accusation, legislation value, constitution of the crime, presumption of guiltiness, criminal pattern, burden of proof, voluntary surrender, amount, legally-prescribed punishment, etc. A master thesis can not have a systematic and entire study on the crime of holding a huge sum of property with unidentified sources, this paper mainly discusses the most controversial problems about it in order to make a better research on this problems.This paper mainly discusses four following problems of the crime of holding a huge sum of property with unidentified sources. I The legislation value of the crime of huge unidentified property: According to the background of legislation, the reason of product and the current law, it has utilitarianism, but the establishment is right, so it is only consummate, not cancel. II About the proof responsibility questions: The author thinks that it does not exist "presents evidence the responsibility inversion" or "the proof responsibility shift" for accused person' ssituation, this crime proof responsibility still held by the judicial organ.III About questions in the judicial practice:1. About subject of crime scope: It is thought that the subject may suitably expand to the country staff outside.2. About the common crime question: it is thought that the family member may constitute the accomplice.3. Recognizing huge differential: Including to the large amount property gaining time; disbursement, the lawfully earned income as well as the existing property condition and so on, they are recognized separately. It is advantageous to the crime suspect's principle treatment. 4. Recognizing the question of surrenders: It is thought that this crime exists surrender including general surrender and special surrender. IV. The problem about perfecting legislation is studied. The paper points out some disadvantages in legislation of it, and reviews the legally-prescribed punishment of it, and gives useful advises in perfecting legislation.