对巨额财产来源不明罪的研析与立法建议

Suggestion for legislation of the crime of huge property without clear sources

巨额财产来源不明罪制定以来,对打击贪污贿赂犯罪有明显的效果,但是立法上还存在着一些缺陷,这些缺陷有悖现代刑法理念,制约了对腐败行为的打击力度。因此,有必要对巨额财产来源不明罪的立法加以完善。

Since the crime of huge property without clear sources is made, many slans hane been foud,which are dislanl to the concept of modern criminal law.Many problems in judicial practice are proved to restrict corruption punishment.This article discusses the problems in the substanitve law and the procedural law from the aspects of structure features of the crime and the criminal responsibility . It also puts forward some personal suggestion on the revising of this crime in legislation.