巨额财产来源不明罪的法律困境及其完善

现行刑法中规定的巨额财产来源不明罪在立法上存有重大缺陷,导致司法实践处境尴尬。更为重要的是,其规定导致了刑法体系的不协调,制约了对腐败行为的打击力度。因此,有必要在立法上和制度上对巨额财产来源不明罪加以完善。在立法上,关键是要提高巨额财产来源不明罪的法定刑。在制度上,应在完善国家工作人员财产申报制度的同时,还应建立和健全金融监管机制。

Legal Problems and Suggestions for Legislation of the Crime of Huge Property with Unidentified Sources

Legislatively, there is major deficiency in the crime of huge property with unidentified sources in the existing law. The legislative drawbacks are bound to manifest themselves with the growth of judicial practice. What is more important is that it has resulted in the inharmoniousness of criminal law system and led to many difficulties in anti-corruption. Therefore, it is necessary to perfect legislation and system of the crime. Legislatively, it should increase legal penalty of the crime, while the system of state personnel's Property declaration and the financial supervising should be perfected.