Judicial Determination Of The Crime Of Huge Unidentified Property

In this paper,the author thinks that the crime of huge unidentified property is a legal presumption crime.When the judiciary has been fully investigated,it has been established that the property and expenditure of national staff are significantly greater than their legitimate income and that the difference is significant,and that the national staff can not reasonably explain the origin of the vast difference in property,it can be assumed that the vast amount of property was obtained illegally,while it was presumed to be held subjectively in the knowledge of the illicit proceeds,and through an analysis of the various doctrinal points of view of the perpetrating act of the crime of huge unidentified property,from the point of view of the protection legal interest and the constituent elements of this crime,it is considered that the act of carrying out the crime of huge unidentified property should be held,which is the crime of holding a large amount of property which can not be attributed to the source."ordering that the source of the statement can not be described as either an act of commission of the crime or a procedural element,but rather a way of preventing the presumed commission of the crime specifying the type,content and extent of the description of the source,it is the premise of identifying the unidentified property illegally acquired by the crime.The cognizance of unknown property mainly involves four aspects:gambling,income from business,red envelopes,and concealed offshore deposits,the first three categories of property should be identified with a focus on the possibility and reasonableness of the source rather than on the legality of the source,on the basis of which the amount of the property can be estimated on the basis of the evidence.If the source of the deposit is unknown at the same time,the deposit shall be concurrently punished with the crime of huge unidentified property,and the foreign deposit shall be included in the illegal income derived from the crime of unclear origin of the huge amount of property.In practice,it is generally accepted that the crime of huge unidentified property is a separate offence and that there is little common crime,but when two or more members of the family are state agents,where one party cooperates in the action of the other party in the possession of a large amount of property,mainly in the form of participation in the management or transfer of family property,may establish joint offences;and through the analysis of specific cases and the relevant provisions of the self-surrender system,considering that there is a general voluntary confession of the crime of the origin of large sums of property,but there is no special confession on the grounds that the crime of the unexplained origin of large property is a crime of corruption and bribery,and that there is a legal and fact close connection with it,so it should be considered the same crime.