Research On The Crime Of Huge Unidentified Property

Since it was formulated formally in a legislative form, the crime of huge unidentified property has aroused much controversy both in the theoretical cycle. The crime of huge unidentified property is probably the most controversial crime in criminal law. After studying a number of issues relevant to the crime, such as the objective elements, the burden of proof, the existence of surrender, the existence of joint offense and the solutions to the real source of property after being convicted, the author looks forward to obtaining benefits from the crime’s improvement in legislation and the cognizance in judicature.The paper is divided into five chapters structurally, which research and analyze the issues relevant to the crime of huge unidentified property respectively, such as the objective elements, the burden of proof, the existence of surrender, the existence of joint offense and the solutions to the real source of property after being convicted.On the issue of the objective elements of the crime, based on objectively analyze the theories relevant to the objective elements such as the common theory, the theory of non-behavior, the theory of holding as well as the theory of holding and non-behavior, the author thinks that the objective element of this crime should be the dual compound behavior: the behavior of illegally obtain the huge property in the form of behavior and the behavior of can not identify the source of the huge property in the form of non-behavior. On the issue of the burden of proof of the crime, the author thinks that the burden of proof should be borne by the judiciary office rather than borne by the doer himself or borne jointly by the doer and the judiciary office. On the issue of the surrender of the crime, the author thinks that the attitude of theoretical cycle towards the existence of the surrender should be researched and analyzed, if there exist the surrender, the two surrender forms of the crime such as common surrender and special surrender should be elaborated specifically. On the issue of the joint offense of the crime, the author thinks that the joint offense should be established. On the issue of the solutions to the real resource of property after being convicted, two situations should be divided: if the property is legal, the original judgment should be cancelled and the criminal suspect should be acquitted; if the property is illegal, the original judgment should be upheld, that is, neither changing the original sentence nor judging the crime once again.In summary, the author draws up this paper, and aims to solve the controversial issues of the crime exist in the legislative and the judicial after researching and analyzing a number of issues relevant to the crime, so as to promote the prevention and punishment of the crime of huge unidentified property.