The Legislation Discussion To The Crime Of Holding A Huge Amount Of Property With Unidentified Source

The crime of holding a huge amount of property with unidentified source was an offence stipulated by the highest legislative organ in 1988 in the Supplementary Provisions on Punishment of the Crime of Corruption and Bribery,and it was revised for twice times in 1997 and 2009.As a typical charge of presumption In the criminal law system of our country,it has a clear utilitarian purpose and there are many differences with other charges in terms of provisions set,which causes much controversy.And because based on legislative shortcomings,the crime has not played its due effect in judicial practice,but has been maliciously used by corrupt officials to make it a tool to avoid the severe punishment they deserve,it has also been criticized.In view of the above,this paper discusses the problems related to the legislation of the crime.The main body of this article is as follows:The first part is the review of the legislation on the crime.This part explains the legislative evolution of the crime and combs the relevant rules of the crime.The second part is the analysis of the legislative significance of the crime.The establishment of this crime has caused much controversy.First of all,there are two diametrically views on the legislation value.The author believes that the establishment of this crime is necessary:Its setting can be said to be based on the comprehensive consideration of the value of utilitarianism and justice,it has achieved the organic unity of safeguarding the good development of social economy,combating corruption and safeguarding the human rights of citizens.The establishment of this crime is also justified from the point of view of creation purpose,proof rule and presumption principle.The third part analyzes the deficiency of the legislation of the crime:unreasonable establishment of the counts;and unreasonable formulation of the articles;unreasonable allocation of punishment and imbalance of punishment;inadequate sentencing grade,indelicate sentencing standards;single type of punishment,lacking property punishment and qualification punishment.The fourth part is to perfect the legislation of the crime.The first is the improvement of the counts:Expanding the scope of the subject;identifying the subject of ordering to explain;expressing the counts of crimes scientificly to be concise and rigorous;modifying the formulation of the law to reflect the characteristics of the crime;adding the word "reasonable" and improving the degree of "description".Secondly,it is the consummation of the disposition of statutory punishment:to increase the sentencing range and achieve the balance of crime and punishment;increase the sentencing level and refine sentencing standards;increase the types of penalties,namely,establish property and qualification penalties.