On the huge amount of property from unidentified sources Legislative History

Abstract: With the Development of economic globalization, corruption of national staff has aroused extensive attention. To combat and curb the phenomenon of setting up a huge amount of new property from unidentified sources. This paper introduces a huge amount of property of unknown origin Crime background, and its legislative history.

Keywords:: large amounts of property from unidentified sources, upstArt
First, the huge amount of property from unidentified sources in the initial establishment
In China, the huge amount of property from unidentified sources as a separate count of first appear in the January 21, 1988 the Sixth National People's Congress Standing Committee meeting on the 24th. The meeting adopted a <"On the Punishment of Corruption and Bribery Supplementary Provisions of the crime>> of which the first paragraph of Article XI of the huge amount of property from unidentified sources to be clearly defined: "The State property of the staff was more than legitimate income or expenditure, the amount of huge, may be ordered to explain the sources. I do not explain the legitimate sources, the amount to ill-gotten gains of some, imprisonment or detention, and concurrently or a single pArt of the amount of property confiscated. "
The meeting of the huge amount of property from unidentified sources in the establishment is not accidental, the existence of profound historical background. Since the Third Plenum of the last century until the mid-80s, China's economic Development has made remarkable achievements. Unfortunately, in economic Development, the necessary administrative measures and monitoring measures, and did not get a good implementation of staff in some countries such as the lure of big money, the abuse of power, through various illegal means to obtain a large number of illegal property, as official ranks of the "nouveau riche."
"National staff there have been some unidentified property of the nouveau riche, or spending significantly more than the legitimate income, but some hard to find out the specific facts of crime, because there is no Law, are Criminals at large. [1] for these" nouveau riche ", when he was executive vice chairman of the National People's Congress Wang Hanbin has made it clear that" national staff in recent years, individual property of unknown origin appeared in the "nouveau riche", or spending significantly more than their legitimate income, the difference between great and not a few thousand dollars, but a few million or even more, I can not explain the Lawful origin of the property, apparently from illegal means. In fact, the national staff of property over a huge difference between legitimate income can not explain the source, that is a crime the fact that some countries and regions, this Law is a crime. "[2] So in the whole community to fight against corruption, improve the integrity of staff conduct the voice of duty, the huge amount of property from unidentified sources came into being.

Huge amount of property from unidentified sources in the beginning of the fight against production, cut staff in blocking state corruption and bribery played a positive role, a number of officials falling by the wayside, which has the following typical example: Yan Fu, the former Shanxi Jincheng Mining Deputy Chief of Bureau of distribution, illegally acquired 65,373 yuan, September 1989, was sentenced to four years of ill-gotten gains, LIU Zhi-yun, Hefei, Anhui Province Lock Factory Supply Section, the original purchaser, 3 million of corruption, bribery and 3574 yuan, 8800 yuan speculation, unknown property of 79,000 yuan, in December 1989, was sentenced to 15 years, Zhang Jianping, the former Wuhan, Hubei Province Area with antique shops Jianghan cashier, unknown property of nearly 3 million, in December 1990 the huge amount of property of unknown origin were sentenced to imprisonment for one year. [3]
Second, the huge amount of property from unidentified sources legislative Developments
October 1, 1997 National People's Congress completely revised the Criminal Code, on the huge amount of property from unidentified sources a number of changes, and their integration into the new Criminal Law in Chapter VIII of corruption and bribery, provides that "national staff of the property or expenditure obviously more than legitimate income, the difference between great and can be ordered to explain the source. I can not explain the source is legitimate, the difference of the ill-gotten gains, imprisonment or detention, the difference between the property to be recovered. "attributed to a new Criminal Code After this crime has aroused widespread concern that people look forward to intercept the crime of corruption and bribery in the crime play its due role in the fight against corruption for the whole society to safeguard national integrity of duties by the staff of a powerful magic. reposted elsewhere in the Research Papers Download http://www.hi138.com fact, in the judicial practice of this crime also has played an important role as an independent charge, in the frequent cases of corruption and bribery. One more typical are: Ma Xiangdong, former deputy mayor of Shenyang City, a huge source of more than 1068 yuan unknown property, people's court in 2001 sentenced to imprisonment for huge amount of property from unidentified sources 5 years, graft, decided to implement the death penalty, Lu Wanli, former Director of Communications DepArtment of Guizhou Province, Guizhou Expressway Development Company general manager, during his tenure, the use of his office to, bribery, extortion 25.59 million yuan, 26.51 million yuan of property is unknown, was sentenced to huge amount of property from unidentified sources to five years imprisonment, Fan Qingen, the original project approval of Shenzhen Municipal Environmental Protection Bureau Deputy Director, accepting bribes 580,000 yuan, HK 100 million, and another huge unknown property of 6.484 million yuan, 420,000 Hong Kong dollars, was sentenced to 10 years.

Third, the huge amount of property from unidentified sources Breakthrough
With the reform and opening up to a new stage of development, China's socialist economic construction, there have been rapid development of the new situation. However, the legislation and effective oversight measures are not complete, more and more the interests of the officials to take the risk, they use their power, through various illegal means, abuse of power, the amount involved, more and more involved position is also growing. As a stand-alone offense, large amounts of property from unidentified sources in the investigation of judicial corruption and bribery in the frequency is increasing.

Faced with this situation, many scholars hope to find a solution in the way the legislation on Feb. 28 .2009 Eleventh National People's Congress adopted the Seventh Meeting of the Standing Committee <<Criminal Law Amendment (g> >, on <<Chinese Criminal Code>> Section 395 made the following changes: "the property of national staff, spending significantly more than their legitimate income, the difference between the large, may order the source of the national staff, can not explain the source of , the difference in ill-gotten gains of five years in prison or criminal detention, the difference is especially huge, at least five years in prison. the property to recover the difference. "
China's legislature will not only reflect on our country is China <<United Nations Convention against Corruption>> obligations will help establish a good international image of China, while it meets China's national conditions, in line with public opinion, so that huge amount of property Unidentified become a punishing corruption and bribery sword.

References:
[1] ZHOU Zhen like: <"China New Explanation of Criminal Law and Crime>> [M], Founder of China Publishing House, 1997 edition, pages 1592-1593.

[2] Wang Hanbin: <"On the Punishment of corruption and bribery provisions of a draft supplementary>> [M], Beijing Publishing House, 1997 edition.

[3] Huludao Municipal People's Procuratorate Task Force: <<huge amount of property from unidentified sources in empirical Research - the Supreme People's Procuratorate theoretical Research in 2008 Excerpts>> Today China Forum, 5-6 2009, the total first 53-54 period. Links http://www.hi138.com Research Papers Download