我国惩治巨额财产来源不明罪的现实困境与出路

The Realistic Difficult Position and Outlet in Punishing the Crime of Huge Unidentified Property in Our Country

巨额财产来源不明罪是新时期我国反腐败斗争中经常使用的一个重要罪名。然而从设立至今,它也是备受诘难、争议最多的一个罪名;与世界其它国家类似规定相比,可以看出其主要问题就是法定刑设置过轻。因此,惩治巨额财产来源不明的犯罪必须置身于全球视野之下,结合特定国情,才能探索出真正发挥其功能的立法模式建构。

The crime of huge unidentified property is an important charge which is frequently used for countercorruption struggle in the new time for our country. It has great effect. However, from establishment until now,italso is a charge which has most blames and disputes. Comparing with the other countries＇ similar stipulations in theworld, we can find out its main question is that the legal punishment establishes excessively lightly. Therefore,inorder to punish the crime of huge unidentified property we have to place ourselves under the global field of vision, andcombine with the specific national condition. Thus, we can explore its legislation constructing pattern which truly displays its function.