巨额财产来源不明罪的是与非

The Rights and Wrongs Concerning the Crime of Possessing Enormous Property from Unknown Sources

巨额财产来源不明罪是新时期适应我国反腐败斗争形势的需要由刑法规定的一个新罪名,虽然该罪在司法实践中发挥了很大作用,但其问世后逐渐成为遭诘难最多的刑事法律条款,至今该罪的诸多方面既存在理论上的分歧,也面临实践中的考验,因此还期待立法上的进一步完善。

The possession of enormous property from unknown sources is a new term of crime stipulated by the criminal law in the new era to fight against corruption. The stipulation of this crime does play an important role in judicial practice, but meanwhile it gradually confronts with many troubles to become the criminal law item that confronts with the most troubles. There are still some theoretical divergences of views on this term of crime, which is still facing up with the testing of practice. Therefore, further improvement of legislation is expected.