Research On Penalty Settings Issues Of Crime Of Owning Huge Property From Unknown Sources

Since the implementation of the crime of owning huge property with unidentifiedsources in1988, there has been controversy about its existence in the legal community.on one hand, the existence of this crime play an important role in combating thecorruption and it is just like a “weapon” punishing the big rats. On the other hand, insome degree it is embarrassed for the crime to be a “protective umbrella” for thecorruption. The reason is largely related to the penalty settings of the crime ofowning huge property with unidentified sources. Therefore, the study of the penaltysettings of this crime has an important practical value and theoretical significance.Chapter one, the introduction part. This part mainly include the statement ofproblem, the defination of the crime of owning huge property with unidentifiedsources, penalties and legally-prescribed punishment, etc.. This part expounds thesignificance of this study from both theoretical and practical aspects, and gives anoverview of the crime of owning huge property with unidentified sources, penaltysettings and describe his own method and thought of the research.Chapter two, the existed problems and the hazards of the crime of owning hugeproperty with unidentified sources in penalty settings. This chapter is from thelegislative reforms of the crime along with the status quo of the current penalty, andgive a in-deep analysis for the problems and azards of penality setting. Currently, thepenalty setting for the crime of owning huge property with unidentified sourcesmainly existes two problems---lighter penalty and legally-prescribed punishment. It iseasy for the offenders to have chance, and bring difficulty for the detecitive work ofJuriciary. legally-prescribed punishment and the lack of property punishment canimpact the authority and justice of the crinimal punishment.Chapter Three, unidentified huge amount of property issues related to thepenalties set analysis. This chapter from the perspective of history and reality are twohuge amount of property from unidentified sources penalty set of specific issues.Mainly for historical reasons, less of the current research, it also need to learn fromthe experiences of other countries. The main reason is the reality of a huge amount ofillegal gains from an unknown source diversity and complexity.Chapter Four, Unidentified penalty of huge property set to improve thecountermeasures. Improving the huge amount of property from unidentified sources are the main measures. For example, improve the representation of counts, Improvethe principal penalty of legal punishment, Improve the supporting system. We want toexpand the huge amount of property subject of the crime of unknown origin, improvethe formulation of articles, sentencing range of refinement, additional property,criminal punishment and fines, punish-related crime-covering up, not to declare theirproperty and other crimes, establish and improve the national staff of the assetsdeclaration system, etc.