Research On The Difficult Problems In The Cognizance Of The Crime Of Holding Huge Amounts Of Property With Unidentified Sources

Compared with the crimes of corruption and bribery,the crime of holding huge amounts of property with unidentified sources has a special position in the criminal law of our country,the law here is a little bit murky which leads to different understandings of the elements of the crime in theory and practice.This thesis attempts to discuss the relevant theoretical disputes through analysis,combined with the difficult problems in judicial practice,to come up with persuasive views and suggestions for improvement,in order to give full play to the role of this crime.The first part of this thesis is the summary of the crime of huge amount of property with unidentified sources.This thesis defines the concept of the crime of huge amount of property with unidentified sources,and responds to the four questions in order to clarify the legislative value of this crime.The second section redefines the scope of the subject of this crime,with regard to the main elements of the crime of holding huge amounts of property with unidentified sources.The subject of this crime must have two elements: one is to engage in official business as a profession,and the other is to engage in official activities for a long time.The staff members shall be included in the scope of the main body of the crime,and the public officials specified in the supervision law shall not be the criminal subject of this crime.The staff of the state-funded enterprise shall meet the two conditions of accepting the appointment and engaging in official duties,which shall be the subject of this crime;the assistance of non-state staff national staff members obtain illegal amounts of huge assets and jointly conceal the actual source of the property.State staff constitute this crime,and the non-state staff should also constitute a joint crime for this crime.With regard to the objective elements of this crime,this thesis believes that the essence of the act of this crime is a compound act,that is,the possession of a large amount of property and the inaction that is refused to be explained in the case of the judicial institution's request to explain the origin of the property;Property,expenditure and income shall be based on family property;the perpetrator shall be allowed to voluntarily explain the true source at any time;for the crime of unidentified source of huge property,the true origin of the huge amount of property shall be ascertained after the judgment takes effect.It is necessary to deal with whether the means of obtaining property are legally and separately;it is necessary to judge the condition of surrender of this crime from the objective behavior of the perpetrator.It is determined that the general surrender should satisfy this crime and that the person should be brought to justice on his own initiative,and that the possession of a large amount of property and the active investigation of the investigation can not explain the compound condition of the source;the condition of special surrender is that the perpetrator is forced to take enforcement measures for other crimes or is sentenced to punishment.While serving a sentence,truthfully confessing that he has a huge amount of property with unknown source.The crime of holding huge amounts of property with unidentified sources has insufficient legislation,lack of property punishment,lack of supporting system,and other legislative deficiencies,and needs further improvement.This thesis proposes targeted improvement suggestions by studying extraterritorial legislation,drawing on its reasonable factors and combining with China's actual situation.