巨额财产来源不明罪的法律完善

A Research on Some Problems of the Crime of Holding a Huge Sum of Property with Unidentified Sources

巨额财产来源不明罪的设立是立法救济司法之实然性选择,但属于缺乏前置规范的超前性立法。财产申报法的设置对该罪在实践中独立顺畅地运作必不可少。应增设“拒不申报财产罪”,对刑法第395条需作修改完善。

Instituting the crime of holding a huge sum of property with unidentified souses is the practical choice of legislation＇s relief to judicature, but it belongs to the legislation which has shifted the scheduled time without and pre-regulations. In order to operate the crime independently and smoothly in practice, setting up the＇ law of the property＇s declaration is indispensable. We should supplement a new crime of which will be called ＂the crime of refusing to declare one＇s property＂. Correcting and perfecting No.395 clause of the criminal law is needed.