巨额财产来源不明罪法定刑的冷思考

A Calm thinking of the legal punishment on crime of the Huge Unidentified Property Source

巨额财产来源不明罪存在着严重的逻辑结构硬伤、蕴涵价值缺失和损耗,有违罪刑法定之嫌,不利于犯罪人的人权保障。从该罪深层次的价值取向、立法本意以及行为性质等法理依据上看,该罪的法定刑有其正当性,但也不宜再提高该罪的法定刑。

There is severe hard wound in the logic structure of the huge unidentified property source crime. It contains the loss of value. It is suspected of disobeying crime and punishment law, and is unfavorable to the guarantee of the criminals＇ human rights. In the respects of such legal evidence as value orientation, legislative original intention, and behavior nature on the deep layer of the crime, it is proper to set the punishment according to the law, but it is not allowed to further aggravate the legal punishment either.