The Theory Research And Judicial Practice Of Crime Of Holding A Huge Amount Of Property With Unidentified Sources

Along with the continuous deepening of the economic and political systemreform,the situation of economic crime by taking advantage of duty is becoming morecomplex and more diversiform with a tendency to be even worse.Against the backdropof strengthening the fight against graft and also conforming to the world trend ofanti-corruption,China introduced the crime of holding a huge amount of propertywith unidentified sources into criminal law in1988.Since the institution of thiscrime,many controversies have arisen in the law academia and judicialcircle,especially in judicial circle,this crime is not only taken as a kind of incidentalaccusation of corruption and bribe,but also utilized as the haven of the grafte rs toavoid more stern punishment. Even so,this author stresses the necessity of itsestablishment.This author stresses the crime subject refers to the national office staff actsintegrity,the crime objective aspect is the actor could not explain the unkn own sourceof a huge amount of property act,the subject of this crime is a national staff,thesubjective aspect of this crime must be intentional. Just because the substantivecharacteristics of this crime is “not explain the unknown source of a huge amount ofproperty”, so the surrender of this crime can’t exist. This author believes that nomatter whether family members are state functionaries or not, they commit jointoffence as long as they intentionally own the unidentified amount of propertyexceeding their legal income. For the burden of proof, this author believes that actorshave the obligation to perform explanation,the burden of proof should be carried outby prosecution service. In handling the case that the source of property is known afterthe guilt is determined, this author agrees to uphold verdict.Judicial authority often get into trouble in putting to the proof of this crime, inorder to detect this crime,this author offers the structure of proof.First,actor must bestate personal,then actor holds a huge amount of property with unidentifiedsources,then propounds the standard of evidence and lists the inventory of evidenceon the basis of the structure of proof, expecting to do some profitable work for thejudicial application.