Discuss About The Crime Of Huge Unidentified Property

The crime of holding a huge amount of property with unidentified source is a new kind of crimes for punishing the corruption more effectively under the cricunstances of fast develop of economy. In the last few years, it is being paid more and more attention by the judicial and legislation filed. As being createdthe controversy about it has been never stopped, in eluding the value of the legislation, the constitution and so on. It is called"the most controversary accusation of the specific provision of the Criminal Law"because of the widely and fiercely discussing.The thesis is about 24 thousand words:Part I:The general introduction of the crime of holding a huge amount of property with unidentified source. This part is about the background and evolution of the legislation. I believe to look at the crime in both strict the criminal law and the justice of legislation. For the crime of holding a huge amount of property with unidentified source. it is necessary to exist no but the faults.PartⅡ:The constitute of the crime of holding a huge amount of property with unidentified source. This section to be controversial from the four academic aspects of the composition of the crime are discussed. The object of the crime that the crime of criminal object of the national staff positions for the honesty of conduct, which also held from unknown sources with the essential characteristics of huge amount of property is consistent: the performance of the objective aspect of this crime as the perpetrator holds more than its legitimate income and the huge amount of property from unknown sources, the essential feature is that the perpetrator holds a huge amount of property from unknown sources, the behavior, this crime subject to national staff, and not much for this dispute, but focus on exploring the retirees and general staff have to adapt to this crime; and subjective aspect of this crime must be intentional and can only be direct.PartⅢ:The judicial application of the crime of holding a huge amount of property with unidentified source. Mainly involved on the "ordered that" the right authority, limits on the time and can not explain the common problems of crime and the burden of proof. On the right authority shall order that the prosecution, and not on the perpetrator that the time limit, in the joint crimes, the more complex and should analyze specific issues, for the burden of proof, there should be judicial commitment.PartIV:The improvement of legislation of the crime of holding a huge amount of property with unidentified source. I believe that the existence of this crime is really necessary, but denied the existence of a number of shortcomings, so their should be legislation to improve. From a legislative perspective, the legal punishment of this crime should be amended, mainly involving the improvement of legal punishment, property, criminal use of torture and eligibility. In the end, a simple reference to the following property declaration system, the formation of the perfect system to fight against corruption in the function better.