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Large amounts of property from unidentified sources identified problems and Measures

Author: ZhouZuo
Tutor: WangChong
School: Jilin University
Course: Legal
Keywords: Large amounts of property from unidentified sources Subject of a crime Burden of Proof Legislation Institution building
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 111
Quote: 0
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Abstract


Large amounts of property from unidentified sources since its establishment, both in theoretical circles or circles in practice there has been a big controversy. I reason with large amounts of property from unidentified sources in the title, because for many years engaged in anti-corruption, judicial practice to feel large amounts of property from unidentified sources on the actual operation and finds there are many problems, pending the legislature, the judiciary further research on this and to be clear. This paper tries to problems encountered in practice for the lead, highlighted the main range is unknown, the amount determined objectively difficult aspects of the burden of proof and the duration of the boundaries between crime and other issues, describes the process in practice and solutions, as well as theoretically practice criticism and opinions, and in relation to crimes legislation in the perfect system and make its own proposals in order for the huge amount of property from unidentified sources criminal judicial practice benefit. The first chapter is the huge amount of property from unidentified sources judicial application problems. The author of this judicial practice, there are four issues, namely the scope of the subject to be further clarified, including state-owned joint stock holding company personnel can become the main body of this crime and non-national staff whether the inclusion of the crime of complicity in two problem; Second, the amount determined objective aspects of difficulties, including personal property of the suspects identified difficulties, expenses and income recognized legal difficulties; Third, the burden of proof and duration of the problem; Fourth Zuiyufeizui and boundaries between crime problem. The second chapter is practice specific response. The author of this on the above four issues encountered in practice eleven interpretation. The first range of issues identified for the body, I believe that the Corporation shall be deemed state-owned holding company and its staff engaged in public service should be based on \executives, management, and handling property of the company to identify; addition, non-national staff should be included in the huge amount of property from unidentified sources accomplice. The second is the problem of identification of the amount of crime, I believe that when a family property (or expense) significantly more than the legitimate income, the difference is enormous, and if the difference is enormous part is no evidence that other members of the family property, you can estimate for a national staff's personal property. Existing national staff all property (including seizure and no seizure of property) has been spending part of the property - legal income - other criminal proceeds verified = giant property from unidentified sources of the \feasible. The standard now calculate expenses no uniform standard. The third is the burden of proof and proof term problems, I think we should implement the \Property sources of proof, the burden of proof and transferred to the prosecution, so that the burden of proof in criminal suspects and transferred between authorities handling the case, both parties bear the burden of proof. The fourth is the crime or crimes and inter-boundary issues, I believe that the suspect is a huge amount of property if they can verify its corruption, bribery, or other proceeds of crime, should be based on corruption, bribery or other criminal convictions; huge if only to prove part of the property of the Department corruption, bribery or other criminal conduct, while other parts of the suspect can not explain the true source of authorities handling the case can not prove the source, the amount of two parts have reached their conviction and sentence of the statutory standard, you should respectively, corruption, bribery, or other charges with large amounts of property from unidentified sources to implement graft. For only the suspect confessed his huge property system corruption proceeds, no other evidence that should not be based solely on the conviction and sentencing of the suspect confessed. The third chapter is theoretical research on the practice of criticism and advice, the author from four aspects of theoretical discourse, one theoretical dilemma --- become cunning corrupt officials \bribery and other crimes, it is likely to be cunning corrupt \The second is the deviation of the legislative intent, I believe, in judicial practice range for the main crime, criminal object, etc., are often at different stages of understanding of different processes, some investigators believe that the object is mainly against obstruction of justice, and thus in qualitative , penalties, causing a deviation of the legislative intent. Three are missing on the body, I believe that the main body of the sins of omission of retired state workers; Fourth, the burden of proof issue, I believe that the burden of proof should be handling agencies and criminal suspects shared. The fourth chapter is the System. I first proposed the establishment of a property declaration system and perfect, and then put forward relevant regulatory and audit system perfect. Chapter V Legislation. The author of this crime legislation comparison and research, put forward suggestions for the improvement of this crime, including the deletion of \, bribery, huge amount of property from unidentified sources defendant has intentionally destroying accounting vouchers, accounting books, property accounting reports should be included in the Criminal Code three hundred eighty-three of the \The author concludes with the establishment of this crime is the community's needs, needs of the situation. Therefore, the establishment of the crime only an expedient measure, culminating in the rule of law, civilized and progressive manner, based on the laws and regulations through continuous improvement, and actively explore new means of handling and new ways to fight corruption, the offense will gradually fade, until canceled.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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