The Research On Problem Of Crime Of Huge Property’s Unclear Source

China’s criminal law article395, paragraph1, set up the crime of huge property’s unclearsource, this crime and corruption, bribery and embezzlement crime such as together,constitute the punishment of corruption crime in our country the strict laws. But since1997,the crime of huge property’s unclear source first write penal code start, this crime both inacademic research field or in the judicial practice, always pays close attention to for peopleplace, or even with many disputes. Although lawmakers already in2009in criminal lawamendment (7) to this crime in the legal terms made modification, but of this dispute has notyet subsided, as far as its determination, judicial application and legislative issues, in theorythere are still some different opinions.To deepen the crime of huge property’s unclear source of research, this article choosessome representative in this dispute is discussed, the theoretical controversy on the content offinishing induction, in view of the partial contents also proposed own viewpoint. Specificperspective, this paper, besides preface and epilogue part outside, is divided into threechapters:The first chapter is about the crime of huge property’s unclear source of historicalevolution, both at home and abroad, the paper reviews the crime of huge property’s unclearsource related laws and regulations, this paper analyzes the legislation of its according to, besure its legislation value. The crime of huge property’s unclear source set has a solidlegitimacy foundation, embodies the criminal law recompense sex, utilitarianism and theunity of justice, is of positive theoretical value and practical significance.The second chapter, the crime of huge property’s unclear source ZhongXueJie dispute isbigger problems is analyzed in the article. The first is this objective aspect, this behavior isnot as pure nature; The second is this the burden of proof, the crime of huge property’s unclearsource of the burden of proof is still the judicial organs, assume, does not exist the so-called"onus probandi inversion" burden of proof or transferred to the criminal suspect or thedefendant’s case, Finally this crime in the judicial application to the relevant problems, to thecrimce applicable criminal law go against the river and power, surrender of the determination,the cognizance of the joint crime and so on three aspects has carried on the key discussion,think this crime exists surrender and joint crime, the criminal law should be applicable tocrime termination of continuous time shall prevail. In the third chapter, the criminal law amendment (7) about the crime of huge property’sunclear source modifications of the evaluation, and illustrates this crime in legislation defectsstill exist, and based on this, puts forward that we should further from the legislation andsystem two aspects of perfect.