Study On The Complicated Issues Of The Crime Of Huge Unidentified Property

The crime of huge unidentified property is a specific crime that has been established,developed and perfected almost synchronously with the establishment and development of the criminal law of our country,and the original intention of its creation was to better safeguard the integrity of our state functionaries and solve the specific problems that are difficult to be solved by the legal provisions on the crimes of embezzlement and bribery.However,with the rapid development of our country's economy and society,the crime is limited to objective reality in judicial practice,and has gradually become a fall back crime in the chapter of crimes of embezzlement and bribery in the criminal law system of our country,which has triggered a lot of disputes in the field of criminal law of our country,such as the disputes of whether to save or to discard the crime,whether to increase or to reduce the statutory penalty,etc.The specific crime has aroused widespread concern and heated controversy of all circles of the society because of its important position in the anti-corruption system of the criminal law of our country as well as the huge gap between its actual operation and the goal of its establishment,which really make people sigh.Based on this,this paper takes "Study on the Complicated Issues of the Crime of Huge Unidentified Property" as a topic,and summarizes,explains and analyzes the controversial problems in the process of legislation,judicature and even litigation of this crime.Through the analysis and summary of the historical evolution,specific characteristics and the dispute of whether to save or to discard the crime of huge unidentified property,this paper presents a relatively complete and clear context of the crime,and expounds the author's personal view on the dispute of whether to save or to discard this crime,making a brief analysis of the general outline of this crime and laying the theoretical foundation for the research on the problems of the committing action,the subject and the burden of proof of this crime in later sections.Two of the most contentious issues in the course of judicial practice of the crime of huge unidentified property are the problems of the committing action and the subject of crime,so this paper takes the two highly representative issues as the breakthrough points and takes the combination of theory and practice as a scale for exploring and researching,to summarize the view points of experts and scholars with different opinions in the criminal law field of our country.Furthermore,focusing on the exploration and study of the specific problem of "can't explain the source" which is closely related to the committing action of the crime of huge unidentified property,this paper not only explains the meaning and nature of "can't explain the source" in this crime,but also makes an original attempt to study the legitimate ground negating the conviction of this crime and represented by "can explain the source".This paper is more conservative in the process of studying the subject of the crime,and choose to follow the theoretical basis and the experience mainly summarized in judicial practice step by step,yet also gives a deep research on the two problems of "if a retired state functionary can be the subject of the crime" and "if a family member of state functionary can be the subject of the crime",which have brought about great concern of the masses.To study the crime of huge unidentified property,we should not only explore from the angles of legislation and judicature,but also understand and analyze the crime's distribution of burden of proof from the angle of criminal procedure,so this paper explores the difficult problems of the crime encountered in the process of criminal proceedings,and some ideas and constructive suggestions to solve these problems respectively from three concrete problems that are "the crime of huge unidentified property and the principle of presumption of innocence","the distribution of burden of proof of the crime of huge unidentified property" and "the standard of proof of the crime of huge unidentified property".