巨额财产来源不明罪的立法缺陷及修正建议

Some Shortcomings in the Legislation of Crime of Holding a Huge Amount of Property with Unidentified Sources:Comment and Proposal

现行刑法巨额财产来源不明罪的处罚过轻、对财产明显超出合法收入和支出明显超出合法收入行为处相同刑罚的缺陷,使贪污受贿等犯罪分子有可能得以利用并逃避严惩,给社会带来众多消极影响。立法纠正应以量刑、从轻、减轻处罚、减刑、假释等诸多方面进行,以促进反腐败斗争深入进行和以法治国方针的贯彻实施。

In the current criminal law,the legislation of crime of holding a huge amount of property with unidentified sources has some shortcomings.The artical,pointing out these shortcomings,analyses their negative effects on the society.It believes that those guilty of crimes or corruption may use these shortcomings to avoid being severely punished.Meanwhile,it proposes that the legislative correction of the shortcomings should be focused on the aspects such as the measurement of penalty,abatement of penalty,release on parole ,etc.so as to further the fight against corruption and the implementation of the rule by law.