Study On The Crime Of Enormous Property With Unidentified Sources

In order to effectively strike criminal activities of the civil servants, the crime of enormous property with unidentified sources has been established in 1988, and then this crime was stipulated in paragraph 1 of Article 395 of the Criminal Law promulgated in 1997. Notwithstanding the crime of enormous property with unidentified sources has been modified several times until now and the scholars have been keen to discuss its relevant issues, such as the legislative value, the criminal constituent elements, the burden of proof etc, this crime plays an indispensable role in the criminally legal system of curbing duty crimes. Then, it is imperative to study on the judicial application of this crime with clarifying the intricate issues under the guidance of general legal theory. The First Chapter indicates an overview of the crime of enormous property with unidentified sources, initially answering two basic questions concerning the concept and accusation of the crime, then introducing the crime of illegal adding assets within the international conventions, finally illustrating the legislative situations with a perspective of comparative law. The Second Chapter on the basis of the theory regarding four constituent criminal elements gives a comprehensive review on the constituent criminal elements, inter alia, developing a profound analysis on the nature of the criminal act namely possession so as to find the key to solving numerous problems in terms of the judicially practical application of the crime. The Third Chapter approaches some substantial issues about the criminal ceased forms, the joint crime,the criminal amount and the offenders’ surrender and then proposes the relevant suggestions in terms of the judicially practical applications of the former issues according to the general theory of the Criminal Law and the analysis on the specificity of the crime as well. The Forth Chapter firstly focuses on the litigant proceedings of the crime of enormous property with unidentified sources, analyzes the limitation of prosecution in detail and suggests setting up a special account to keep so-called ‘ill-gotten wealth’ turned in voluntarily; second this section studies on two controversial issues(the burden of proof and time of ‘statement’ respectively), holds that the perpetrator does not bear the burden of proof no matter when he/she puts out any statements; finally this chapter does the research on how to identifying sources of the property after a conviction sentence and advocates to address this issue properly by starting the trial supervision procedure.