巨额财产来源不明罪在司法认定中的难点与完善

巨额财产来源不明罪的设立,是为了不使以非法手段获取财物的行为人由于证据不足而逃脱法律制裁所采取的一项立法救济司法的权宜之计。巨额财产来源不明罪是一种持有型犯罪,其在客观方面的表现是行为人拥有超过合法收入且来源不明的巨额财产,其本质特征在于行为人持有来源不明的巨额财产的行为。同时,在几年的司法实践中有诸多操作难点,存在一些问题,对此我们应该完善巨额财产来源不明罪的刑罚。

Difficulties and Improvement of Judicial Identification of the Crime of Possessing Enormous Properties from Unidentified Sources

The establishment of the crime of possessing enormous properties from unidentified sources is an expedient with which the legislation remedies the justice, the purpose of which is not to let the doer that obtains properties by illegal means avoid the legal punishment because of lack of evidence. The crime of possessing enormous properties from unidentified sources is a possession crime. Its objective characteristic is that the doer possesses property that apparently exceeds his lawful earnings and the source is unidentified. Its essential characteristic is that the doer has the action of possessing enormous properties from unidentified sources. There are some difficulties in judicial practice, so the penalty on the crime of possessing enormous properties from unidentified sources should be improved.