反思与重构--对巨额财产来源不明罪的再认识

巨额财产来源不明罪在理论界争议颇多,这固然与其立法的不周延有关,但澄清以下问题则有助 于纷争的解决,即该罪的本质并不在于行为人拥有差额巨大的财产本身,而在于其不能说明或拒 不说明的行为;该罪的举证责任也不存在倒置问题,是由司法机关和行为人共同承担的。

Reconsider and Reconstruct The crime of holding a huge amount of property with unidentified sources

There is much disagreement theoretically on the crimes of holding a huge amount of property with u-nidentifled sources. This is of course due to the legislation itself that is not comprehensive, nevertheless it will facilitates to arrive an agreement on such crimes if the following problems could be clarified, namely the essence of this crime is the fact that the perpetrator can not explain or refuse to explain such huge amount of property, not the property itself that the perpetrator owed. The burden of proof is shared both by the judicial organs and the perpetrator, not the perpetrator exclusively.