Study On Inversion Of Burden Of Proof And Penalty Allocation In Crime Of Holding A Huge Amount Of Property With Unidentified Sources

There have been many controversies since the establishment of the crime of having a huge amount of unknown assets,whether it is legal theory or judicial practice.The study of the crime of unclear source of huge amounts of property has positively helped the development of theoretical research on the promotion of criminal law,as well as judicial practice and legislation.Therefore,the study of the crime of unclear source of huge amounts of property not only has great theoretical significance,but also has important judicial practice value.This article introduces the real case of Zhao's case of corruption,bribery,and unclear source of huge amount of property,which leads to two major controversies in theoretical and practical academic circles.One is the ownership of the burden of proof in this crime.In the article,the author first introduced the attribution of the general burden of proof in China's criminal litigation theory,and introduced two special cases of the attribution of special burden of proof,namely,the inversion of the burden of proof on the crime of a huge amount of property with unknown source and the “holding-type crime”.The distribution of burden of proof.Next,it focuses on the distribution of the burden of proof on the crime of unclear large-scale sources of unknown sources,and details the different views of the theoretical community in China.It is the three points of view that the responsibilities are borne by the procuratorate,the defendant,the procuratorate and the defendant..The author believes that China adopts the method of “inverting the burden of proof” in the crime of unclear source of huge amounts of property,and elaborates several reasons on the rationality of the use of the burden of inversion of the burden of proof on the crime of unclear possession of large amounts of property.In the process of judicial practice,the degree of proof of the evidence is also an issue that we should pay attention to.Therefore,the author draws lessons from the general methods of foreign law,and proposes to classify the degree of evidence probative force,and whether the defendant is guilty of the crime by the judge's conviction.Make a comprehensive judgment.The second is the flaw in the penalty configuration of this crime.Judging from the provisions of the criminal law,the penalty for the allocation of this crime is mainly due to the fact that the legal penalty is too low,and the lack of property punishment.This article focuses on these two aspects and discusses some suggestions.The author analyzes that although the purpose of this crime was established as an all-embracing clause to punish corruption and bribery crimes,it should be placed on a high level of corruption and bribery crimes with the development of the social economy and the need to combat corruption and corruption in the current situation..Finally,in the epilogue,the author briefly described the current problems of anti-corruption and briefly put forward some measures.