A Comparative Study Of Cross-Strait Crime Of Huge Unidentified Property

The Crime of Huge Unidentified Property is the important measure to cope with the increasingly serious corruption crimes.Since the Crime of Huge Unidentified Property has been specified in the territory of Chinese Mainland from the year of 1988,it plays a crucial part in fighting against duty crime,especially in the criminal cases involving high-level officials along with the success of anti-corruption work in recent years.On January 23,2017,the Intermediate People's Court of Jinan in Shandong province passed judgement on Su Rong,the vice chairman of the 12th session of the CPPCC national committee,in relation to his property converting into a total amount of RMB 8,027 M which has no lucid source.On December 20,2016,the Intermediate People's Court of xvzhou in Jiangsu province passed judgment on Du Shanxue,the former member of Shanxi provincial standing committee and former vice governor of Shanxi Province people's government,sentencing that the defendant,Du shanxue and his family has a huge amount of property converting into more than RMB 8,027 million without explicitly legal resource.On May 25,2016,the Intermediate People's Court of liuzhou in the guangxi zhuang autonomous region hold a hearing of the case of Zhu guoming,the former chairman of guangdong province people's political consultative conference,indentifying that Zhu guoming was unable to explain the legitimate source of a huge amount of RMB 9,104 million.Although the crime of huge unidentified property obtained some achievements in recent juridical practices,the academic controversy never ceases because of the particularity of its component elements of crime.In 2009,after "criminal law amendment(7)" promulgated,the conflict pertaining to the adoption of the theory point of view led to the opposite decisions on the legal applicability of the case of Xv shaomin between first instance and second instance,intensively reflecting the practice chaos caused by academic disputes.Taiwan and the mainland is separated by only a strait,with a similar culture tradition and the basis of law.Although the property crime has not been set up for long,due to the experience of legislation for several decades,it sufficiently coordinates between utilitarian purpose of legislation and the principle of criminal law,comes with a unified and operable conclusion on the basis of the two core concept of crime of omission and crime of status,and it operates well in the practical operations.The experience of regime and judiciary has its theoretical reference value and practical significance for the Mailand's further improvement of the Crime of huge Unidentified Property.Therefore,the paper intends to,through systematic comparison on the property crime and related system of both sides,table proposals to the further improvement Crime of Huge Unidentified Property and the related system in the Mainland,to make humble contribution to the Mailand's governance of crimes of corruption.The article is divided into six parts.The first part is introduction,explaining the research motivation,objectives and the methods for the comparative study on the property crime of both sides.The second part summarize the common point and difference of the property crime of both sides,through the comparative study on their background of the reasons,purposes and structure of the legislation,aiming to lay a foundation for the next discussion.The third part is the core content of this article,through the comparative study on the similarities and differences of the constitutive requirements of the property crime on both sides,verifying the theoretical support and the practical value of the crime of omission in Taiwan.The fourth part is a comparative study of criminal responsibility between two sides,on the basis of study of the specific cases,and comparing punishments,the disposition of property involved and sentencing scales,building a reasonable punishment system.The fifth part proposed for building a public servant property declaration system for Mainland in the future,through comparing the public servant property declaration system and combining the Taiwan public officials property declaration system revision method of experience.The sixth part summarizes the full view and proposes suggestions to build the crime of huge property's unclear source with the omission as its core the Mainland.