The Differentiation and Analysis of Issues Concerning the Crime of Possessing Huge Estates Without Clear Origin
|Keywords||Large amounts of property from unidentified sources Constituent elements Legislative Defects|
Large amounts of property from unidentified sources of the Penal Code in 1997 the creation of a new count of the offense is a great historical changes in China 's reform and opening up , in order to meet the needs of punishing corruption criminals under the charges . Original meaning from the legislative point of view , the establishment of criminal legislation to improve the legislative system to punish corruption and bribery . Provide a powerful legal weapon to combat the country of corruption and bribery . Increase its efforts to combat corruption and promote clean government is of positive significance . However, due to the legislative technique is not perfect, or the lack of legislation and practical experience on the crime of the crime there are many defects in the legislation and judicial practice , together with associated supporting measures imperfect , resulting in the application of the sin The situation is far from ideal, in an awkward position . Theory and judicial practice have caused a lot of controversy, the focus in almost all aspects of the offense . Based on this consideration , I would also like to focus on some of the problems of the offense , for some trips . On the basis of a comparative analysis of the constituent elements of the crime of certain defects in the Legislative and Perfection of Legislation , put forward their own views and opinions .