Examination Of Judicial Determination Of The Crime Of Unknown Source Of Huge Property

Corruption is a chronic social disease and a phenomenon of obtaining unjust benefits from citizens’ rights and benefits.In order to tighten the legal network and prevent and curb corruption more effectively,the first paragraph of clause 395 of the Criminal Law provides for the crime of unknown origin of huge amounts of property.The crime has been controversial since its establishment,and even reached the level of abolition.It’s not a bad thing that the crime itself is controversial,but the controversy of a crime is so great that we have to reflect on the legitimacy of the crime.The theoretical research on this crime focuses on its legislative value,the subject of conduct,the act of execution,the joint crime,the determination of surrender,whether to violate principle of presumption of innocence,and most studies only discuss a specific problem,there is still a lack of systematic argumentation.By focusing on judicial practice,we can also find the dilemma that the crime faces in judicial practice.That is,due to the lack of clear understanding of the problems related to the crime in theory and the great controversy between the various understandings,the frequent occurrence of different sentences in the same case has seriously affected the judicial justice.In addition,the related research on this crime is mostly theoretical analysis,there is little empirical analysis of the crime judgment document,lack of interaction between theory and practice.Therefore,this thesis will be on the Chinese referee documents collected online the 259 criminal judgments are analyzed according to the three-tier system of crime,in which the argumentation and analysis of the theoretical dispute of the crime will be interspersed accordingly.Through the systematic empirical analysis of the crime of unknown source of huge amount of property,this thesis puts forward the corresponding,in order to benefit the judicial practice,better adapt and meet the current high pressure anti-corruption policy of our country,and meet the expectations of the society.The thesis is structured as follows:Introduction: This part discusses the general items related to this study and describes the research materials at the macro level.The summary mainly explains the research background of this thesis,and systematically reads and comments on the literature related to this study.Compared with the normative analysis of this crime,there are still many shortcomings in the author’s research ability.The macro-level description of the research material can grasp the outline of the judicial status of the crime in order to better carry out the following specific argumentation and analysis.Chapter one: This chapter will sort out and analyze the opinions of the legal interests of the crime in the criminal judgment,and fully demonstrate and analyze theoretically.Then,the author will systematically review and test the legal interests of the judgment on the basis of theoretical analysis.The author thinks that the legal value of this crime should be the incorruptible behavior of the state staff or the clean government construction system of the country.Chapter two: This chapter will sort out and analyze the opinions of the constitutive elements of the crime in the criminal judgment,and fully demonstrate and analyze it theoretically.Then,the author will take the theoretical analysis as the basis point to carry on the systematic review and test to the constitution elements of the judgment.The author thinks that the subject of the crime should be understood strictly according to the provisions of clause 93 of the Criminal Law,rather than expanding or narrowing the interpretation;its conduct should adopt the stated position,that is,"holding huge property of unknown source ";the subjective elements of the crime,that is,the constituent elements,should intentionally recognize the importance of cognitive factors in the crime;the crime should not exist in the case of joint crime,and this does not create a penalty loophole.Chapter three: This chapter is mainly about the classification of the illegal class in the third level of the crime system.In the argumentation and analysis of the criminal judgment and the theory of the crime,the author thinks that the reason of the crime is stipulated by the sub-crime.Other legal reasons such as self-defense,emergency risk avoidance and other legal obstacles have the possibility of establishment in theory,but this is only the result of logical argumentation,does not mean that they have judicial experience in this crime,and the possibility of super-legal obstruction is not applicable because of this crime.Similarly,the author will take this part of the theoretical argument as the basis for the judgment of illegal judgment review.Chapter four: This chapter mainly analyzes and reorganizes the data of sentencing and punishment in criminal judgment,and then retell it accordingly.Through a comprehensive review of sentencing data,the author finds that the crime is more prominent in judicial practice.The author thinks that there is a possibility of negative identification about the perpetrator’s ability of responsibility and the possibility of cognition of illegality.The criminal responsibility of this crime not only lies in the improper exercise of the judge’s discretion,such as surrender and confession,but also lies in the inherent deficiency of the criminal law.Through the statistics of the data of the perpetrator’s sentence,there is no need to improve the legal maximum penalty of this crime,and the view of raising the legal maximum penalty of this crime is open to question.Chapter five: This chapter is mainly about the extended dispute of the crime.The burden of proof(objective burden of proof)of this crime is always borne by the prosecution,but the burden of proof(subjective burden of proof)is transferred repeatedly between the prosecution and the defense,which accords with the spirit of the presumption of innocence.This crime has the possibility of the application of surrender(including general surrender and quasi surrender)and the limitation of prosecution.It can be logically connected with the system of surrender and limitation,and it is more in line with the present situation of judicial practice.Conclusion: This chapter will summarize the problems found in the process of empirical analysis of the crime and put forward the corresponding perfect strategies to better identify the crime and meet the needs of the current criminal policy and social policy of punishing corruption and clarifying the administration of officials.