The Criticism About The Theory That The Public Servants Who Conceal To Declare Their Property Should Be Punished By The Criminal Law

So far, the rules of property declaration in our country have no satisfactory effect so that the academics advocate the theory that the public servants who conceal to declare their property should be punished by the criminal law, because they hope in that way can we guarantee the implementation of property declaration effectively.However, firstly the theory violates the theory of criminal nature, concealing to declare the property doesn’t meet the requirement of social harmfulness which should be limited by the deserved penalty; secondly the theory has the unavoidable defects about the constitution of a crime, while the theory wrongly confuses the relationship between the act and the number of concealing to declare the property,the crime of concealing to declare the property will be easily absorbed by the crime of corruption and bribery so that it hardly becomes an independent crime, while the crime of concealing to declare the property can’t substitute the crime of huge unidentified property, there is a crisis difference between the crime of concealing to declare the property and the crime of concealing deposits abroad; thirdly the theory violates the spirit of the tolerance of the criminal law, the act of concealing to declare the property can be totally punished by the current administrative controlling; and the act of concealing to declare the property can’t achieve the positive and the precautionary effects, it relies on the better construction of matching rules of property declaration instead; forthly the theory will advocate the spirit of the omnipotent criminal law, and easily increases the risk of criminal instrumentalism.So, the public servants who conceal to declare their property should not be punished by the criminal law.