Research On The Judicial Application Of The Crime Of Huge Unidentified Property And Improve The Legislative

With in-depth development of the anti-corruption campaign,the crime of huge unidentified property is widely used,but the controversies surrounding this crime has not stopped,it has been one of the most controversial crime in criminal law,the crime legislation value,the burden of proof,constitutive requirements,unable to specify,illegal income amount of calculation,joint crime,voluntary surrender and other issues.This article from the development history,present situation and the legislative value start research the crime of huge unidentified property and use induction solve this crime problems are discussed in this essay,and puts forward the suggestion of revising perfectly.First of all,this article start with the legislative evolution of the crime of huge unidentified property,analysis the significance of this crime set up and the difficulties confronted.On one hand,i certain value of this crime,on the other hand i express concern about the negative impact of this crime exists.Then this article obtains from the four elements of the crime constitution,this paper analyzes the act of perpetrating of this crime,the view about the crime of huge unidentified property objective behavior is civil servant possess with huge property.Second,this crime from substantive and procedural in the analysis of existing problems in the process of judicial application,the difficult problem in practice discusses is that non-national state with the close relatives of the national staff can constitute this crime,this paper argues that the two man can constitutive the joint of this crime.I support on the application the burden of proof reversed.Finally,analysis the legislative defects from the punishment and the lack of its property declaration system to of the crime of huge unidentified property.Outside the essay prescribed on the issue of this paper argues that the highest legal punishment of this crime should be higher for 10 shall be sentenced to fixed-term imprisonment of not less and increase the property punishment,the system of property declaration should be established in the aspect of property declaration system,and add to declare property to ensure the implementation of the property declaration system.