The Crime Of Holding Enormous Property With Unidentified Sources

Under the banner of "the interior reform and the exterior opening",economy has enjoyed a radical development in China.However,there has been no corresponding policy measures and economic supervisory systems moving with the times to support.The high-speed development of the e conomy has created the conditions for corruption.As time goes on,growing corruption of state functionaries has surfaced and been noticed.It’s hard to punish offender in accordance with the traditional crimes of corruption and taking bribes.Therefore,the crime of holding enormous property with unidentified sources has come into being with full attention,as the general provision in the corruption and bribery chapter of criminal law,for the prevention and punishment of corruption and bribery.The article bases on the summary,constructive factors,and difficult questions to apply the offense and analyses them individually,sparing no efforts to formulate the crime of holding enormous property with unidentified sources,to point to an area.At the same time,combining with <Amendment 9 of Criminal Law>,the article compares the crimes of corruption and taking bribes with the crime of holding enormous property with unidentified sources on the standards of filing,condemnation and penalty measurement,which is supposed to find defects and promote the development of the crime.The first chapter,the concept of crime.The author first discusses the background about the legislation;Secondly,introduce the concept of crime,This paper analyzes the characteristics of the crime in judicial practice;Finally,this paper discusses the related countries such as France,Singapore,the United States,combined with China’s national conditions put forward some reference Suggestions.The second chapter,the constitutive elements of the crime.From the object of the crime,the objective elements,the subject of crime,subjective elements of four aspects are discussed in this paper.The key object of the crime and subjective elements are discussed.The author thinks that the object of the crime is divided into the main object and the secondary object two class,must have subjective intent and double the enormous wealth of source of the huge property does not explain or misrepresentati on intentionally.The third chapter,The practice of justice.The author mainly to the burden of proof problem,amount of cognizance,surrender,joint crime and crime form problem is discussed,and problems such as make made analysis and combined with actual cases.Among them,the author mainly to the burden of proof,joint crime problem is analyzed,in order to reduce the difficulty of judicial cognizance.