The Crime Of Huge Unidentified Property Identified Problems And Perfecting Measures

Since huge amount of property crime from unidentified sources established, no matter in theoretical circles or in the practical world, had been a big controversy. I took the title as huge amount of property crime from unidentified sources, because engaged in anti-corruption for many years, in judicial practice felt many problems of practical operation and identification of huge amount of property crime from unidentified sources which needed the legislature and the judiciary to further research and make clear. This paper sought to lead problems encountered in practice, highlighted the unknown scope of subject, identified difficulties of in the objective, proof of duration and boundaries, crime boundary and other issues, described that solving problems in practice, criticism and advice of theoretical practice, put forward his own proposals to improve the system and the legislation of this crime and hoped to have a benefit on the judicial practice of huge amount of property crime from unidentified sources.The first chapter was problems about huge amount of property crime from unidentified sources in the judicial application. The author proposed four problems in judicial practice. The first was the scope of the subject for further clarified, including whether personnel in state-owned shares of the holding company could become the main body of the crime and whether the non-national staff could be included as complicity in the crime; second, the objective amount identified difficultly, including being difficult to identify suspects'personal property and having difficulties in the identification of expenses and legitimate income; third, shift the burden of proof and duration of problems; forth, whether to be crime and the boundary problems of crime.The second chapter was the practice in the specific response. The author interpreted these four problems encountered in practice. First, for the scope of subject identifying, the author believed that state-controlled corporation should be deemed as state-owned companies. The public service staff should be national staff and state-shared corporation should be identified whether in charge, manage and hand company property. In addition, non-national staff should be included as complicity in the huge amount of property crime from unidentified sources. Second, the problem of identification of the amount, the author believed that when a family's property (or expenditure) was significantly more than legitimate income and huge, if there was no evidence to prove the huge part was the other members of the family's property, be presumed for a national staff's personal property. National staff's existing property (including the seizure and no seizure property) + has been spending part of the property - legal income - other proceeds of crime verified = huge volume of property crime from unidentified sources, this method of calculation was more feasible, but calculating spending standard now was not uniform. Third, duration problem of the burden of proof and evidence, the author thought we should implement shift the burden of proof, that was, the authorities investigated to prove the existence of large amounts of property volume, then the suspect evidenced its origin and no existing large amounts of property volume. After criminal suspects evidenced the source of wealth, the burden of proof then transferred to the prosecution, so the burden of proof transferred between criminal suspects and the authorities and two sides shared the burden of proof commonly. Forth, whether to be crime and the boundary problems of crime, the believed that if the suspect's huge amount of property could be checked from corruption, bribery or other proceeds of crime, should be convicted as corruption, bribery or other criminals; If only could prove part of that huge amount of property was from corruption, bribery or other criminal acts, while the other part could not be explained by the suspect the true source and authorities handling the case also could not prove the source and the amount of the two parts were up to their conviction and sentence statutory standards, should be punished multiple crimes as corruption, bribery or other charges with huge amount of property crime from unidentified sources. For only the suspects confessed their huge amount of property was from corruption without other evidence, should not solely base on the suspects'confession to convict and sentence the suspects.The third chapter was a theoretical study of the practice of criticism and advice that the author discussed four aspects theoretically. First, the theoretical dilemma --- cunning corrupt officials'safe haven, the author believed that because of the sentence of this crime was less than corruption, bribery and other criminals, it was likely to be cunning corrupt officials'safe haven, life preserver, protection and free death card. Second, the deviation of the legislative intent, the author believed that in judicial practice, for the scope of subject crime and object of crime often had different understandings in different processes. Some investigators believed that the object was mainly against obstructing justice, therefore qualitative and punishment caused deviation of the legislative intent. Third, the missing of the main body, the author believed that on the subject of this crime, omit the retired national staff; fourth, the burden of proof issue, the author believed that the burden of proof should be shared by the authorities handling the case and the suspects.The fourth chapter is the system improvement. The author firstly put forward our country property declaration system build and perfect, then put forward relevant supervision and audit system.The fifth chapter is the consummation of legislation. The author through the legislation comparison and research, put forward to the suggestions, including the deletion of "variance components to illegal income theory"; improve the legal punishment, increase the fine penalty in criminal law stipulates that the property; sources of time; for the guilty of corruption, bribery, the crime of huge unidentified property of the defendant and the intentional destruction of accounting voucher, accounting books, financial accounting report should be incorporated into article three hundred and eighty-three of the criminal law, if the circumstances are especially serious.