" a huge sum of property source unclear crime" suitable abolish

" a huge sum of I think in, criminal law " a huge A huge sum of property source unclear crime claimed is to point at expense or the property of state functionary , exceed legal income obviously, difference is huge , can not explain the behavior of its source in person. The main part of this crime is special and main , can only be state functionary. It subjective go up must stem from is intentional, is fully aware own property or expense to surpass legal income obviously, and difference is huge, when have been ordered to explain its source and the condition that can explain its source takes off resist do not explain its source. It is been that this crime its objective aspect shows: Behavior person holds the expense that exceeds behavior person or the property of its legal income obviously to exceed legal income obviously , and has huge difference; 2 is ordered by relevant office, can not explain it when explaining its source to exceed legal income and difference huge property or the source of expense is legal. Can not explain , denote behavior person can not lift evidence explanation expense source or the property of its difference part is legal, in which, include resisting the nature that does not explain property source , also include fabricating false source nature. A huge sum of property source unclear crime the reason of should be abolished , is because of its nature and not than corruption crime , peculate the crime of public money , accept bribes crime lightens even is more serious than above-mentioned crime, but place punishment far lighten above-mentioned each crime. The heaviest punishment kind of corruption crime is death penalty, it is life sentence to peculate the heaviest punishment kind of the crime of public money, accept bribes the heaviest punishment kind of crime is death penalty. A huge sum property source unclear crime? According to "criminal law", it is395Strip1The stipulation of money,5Annual following set term of imprisonment or Ju labour. Now lets us illegally take with a specific example crime , accept bribes crime and a huge sum of property unclear crime whether crime punishment pretty carries out more a comparison. If have two officials,5000Yuan can maintain its family basic life only accordingA^B^C^D^E^F6 mistresses, using every year in colored pin with mistress reach huge million. Besides two persons still have must deposit. Obviously, expense and the property of two persons have exceeded legal income. Discipline inspection and the door of the Ministry of Supervision have discovered their problem after, at the same time for them, give " two rules". Official shell is delivered truthfully under the inspiration of policy till the crime that he accepts bribes and illegallies take. This case is tried by court, think that he illegallies take to accept bribes amount of money is especially huge, but since delivering the crime of commit truthfully, decision is carried out for two years since light sentence death penalty is postponed. Official Yi Qi attitude is bad , hold to decide the determination of " die pig does not be afraid of boiled water scald " , still put up a desperate struggle in front of hard fact, resist do not deliver the source of a huge sum of property treated to exceed its legal income. But, procuratorial organ can only punish with a huge sum of property source unclear crime for it finally. How do you punish? According to "criminal law", it is395Strip stipulates , most also can only place the set term of imprisonment of 5 years. It is identical that this two officials commit crime( here pushes to decide official Yi Qi property and expense exceed legal income part is illegal, because if legal income, this official certain meeting will prove own pure evidence to take come out ) just the attitude of the latter than the former is more bad, however, the former has been sentenced death penalty with reprieve, the latter can only sentence the set term of imprisonment of 5 years at most. This is how is not public! Commit the official of how to have a huge sum of property source unclear crime, no matter he goes through case amount of money, is huge, even if reach hundred millions of is huge, it can only be also the top of set term of imprisonment of 5 years( want explanation is to stipulate according to criminal law, for 5 years, set term of imprisonment is the heaviest punishment kind and is highest penalty term, actually the set term of imprisonment of the place of 5 years or Ju labour in when legal punishment), real is " frankness is from width , firm base takes wearing; Resistance is severe, celebrate the New Year home "! Since being the following set term of imprisonment of 5 years, this official may still get the treatment of suspended sentence; Even if sentence really punishment, after serving a sentence for a time, may still reduce the penalty , parole and besides " protect ". Such imprisonment, is equivalent to probably to go out degree is false. A legislative important principle of criminal law is crime , is reproached , punishment appearance adaptation. Above-mentioned example explains ," a huge sum of property source unclear crime" is suitable for meeting cause how not fair aftermath! So for official a huge sum property source unclear how to handle? I think should according to corruption crime or accept bribes crime handling. First, we are unclear for official a huge sum of property source and again refuse to explain its source( also include fabricating false fact) in person, it is illegal to push surely its source. Decide if pushing that source is illegal, so these illegal property sources where? Generally speaking, this official will not go to make burglar trunk some Qiao door turns the deal of lock, will not also draw out pack to public place to bend over will not be Robin Hood secretly certainly more to block the way to rob, with corruption or accept bribes crime handling is most proper( if is not to accept bribes from corruption is the crime from steal or robber etc. , also going through the case steal crime or robber crime of amount of money the punishment that gets accepts bribes than corruption crime serious). Will a huge sum of property source unclear crime abolishment in criminal law, incorporate this kind of behavior into corruption crime or accept bribes crime punishment, can you cause the light crime aftermath sentenced again? I think will not. The example before its reason has made explanation. I believe , our masses of official of Party and government is honesty receives the public , for rotten member cut tooth hatred, in rotten member the official troops in is very few, thus abolish a huge sum of property source unclear crime and altering it is according to corruption or accept bribes crime punishment, masses of officials can also sustain firmly surely.