Along with our country reform continued to deepen, the duty crimeis becoming more and more complex situation. The crime of hugeunidentified property set up has been20years, but the theory andpractice of the controversy has not stopped. In February28,2009thepeople’s Republic of China to the Eleventh National People’s CongressStanding Committee of the seventh session of the "PRC Criminal LawAmendment (seven)", Once again the crime of huge unidentifiedproperty thrust into the spotlight. The crime of huge unidentified propertyrefers to the state personnel’s property, spending significantly more thanthe legitimate income, if the difference is enormous, may be ordered toexplain the sources of the state personnel, can not explain the origin ofthe variance components, an illegal income theory, five years of fixed-term imprisonment or criminal detention; the difference is particularlylarge, more than five years ten years of fixed-term imprisonment.Property difference to be recovered.Our country in1988January set up the crime of huge unidentifiedproperty for the first time since, in the national staff in the use of ratebecomes the second only to the corruption and bribery "star". Especially in recent years, it is everywhere "active" in examined officials involvedin crime. In2004October Hengshui City Intermediate People’s Court ofHengshui City Project Construction Committee Director, director ofbureau of construction of the Xu Diancang case trial and sentenced to15years in prison. Its existing assets316.2582million yuan can’t tell alegitimate source. In April6,2007the Taiyuan City IntermediatePeople’s Court of the judge of the high court of Bangladesh casesentenced to15years imprisonment. The court of review identified Meng,Zhang Suying and his wife to significantly exceed the legal income of192million yuan, US$5220, HK5000,42000of Yen,112000of Won,not legal sources, constitute the crime of huge unidentified property. InSeptember2008Luohe intermediate people’s Court of Henan ProvinceRural Credit Cooperatives Association vice director Luo Kaiming courtto sixteen years imprisonment. The court review identified with apparentbeyond legal income of736million yuan, twenty thousand dollars not alegitimate source. In May2012Ganzhou City Intermediate People’sCourt of Ganzhou city municipal organs of cadres Hu Jianyong issentenced to life imprisonment. The court review identified, from1992to2012March, Hu Jianyong as national staff member, its property,spending significantly more than the legal income difference, for706 million yuan property cannot explain the sources of variance, whichbelongs to the huge, which constitutes the crime of huge unidentifiedproperty.Of course, as the crime of huge unidentified property in widespreaduse, of this controversy has not stopped, from the legislation value,constitutive elements of crime, common to the burden of proof and aseries of issues are controversial. Its controversial content extensive,degree of intense controversy in the specific provisions of criminal law,the crime is very rare, so it is called "the most controversial crime incriminal law". In this paper, the author from the perspective of itsevolution, the crime legislation value, constitution of crime, commoncrime, the burden of proof and other controversial issues were discussed,and the crime legislation perfect put forward some own views.This paper is divided into four parts:The first part: the crime of huge unidentified property developmentevolution and value analysis. This part mainly introduces the crime ofhuge unidentified property value of legislation and legislativebackground and history. On the crime of huge unidentified propertylegislation value of doing an in-depth analysis, affirmed the meaning ofexistence, and on the basis of review of the crime of huge unidentified property legislation background and history, from the historicaldevelopment trend analysis of the trend of reform.The second part: the crime of huge unidentified property crime. Thissection intends to academia and four controversial aspects of theconstitution of crime, this crime is discussed. Think of the crime subjectrefers to the national office staff acts integrity, it also holds a hugeamount of property with unidentified essential characteristics coincide;the crime objective aspect is behavior person cannot explain more thanlegitimate income property from legitimate sources, its essentialcharacteristic is that the actor could not explain the unknown source of ahuge amount of property act; the subject of this crime is a national staff,for this was not too much controversy, just focus on the retired personneland the general staff are adapted to this crime; the subjective aspect ofthis crime must be intentional.The third part: the crime of huge unidentified property disputes andresolution. This part of the crime of huge unidentified property in anumber of controversial issues, analyzes the different viewpoint ofacademia and put forward the author’s view. The crime of hugeunidentified property is always a controversial accusation, so the analysisof the dispute, to study it is of important significance. This chapter focuses on the crime of huge unidentified property complicity,surrendered to the problem, burden of proof, legal punishment and backaging problems are discussed and analysis, so as to improve the accuracyand provides the corresponding.The fourth part: the crime of huge unidentified property law perfect.This part mainly discusses the crime of huge unidentified property lawperfect. According to the actual condition of our country, and to learnfrom foreign legislative experience, from the system construction for theestablishment of a sound which is adapted to the supporting system, suchas the establishment of national staff of property declaration system, thefinancial supervision mechanism and supervision system. |