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在巨额财产来源不明罪自设立以来即在多个方面存在争议,其在客观方面的表现、举证责任、法定刑等方面充满争议。十一届全国人大常委会第四次会议首次审议刑法修正案(七)草案。据悉,巨额财产来源不明罪的最高刑将可能由五年提高到十年,但即便如此,仍未能解决上述的诸多争议,因此,本文试图就该罪的客观方面、举证责任,法定刑等方面展开论述,以理清理解与适用巨额财产来源不明罪时的思路。
Since it was founded, the crime of huge amount of property with unknown origins is controversial in many aspects. Its objective aspects of performance, the burden of proof and the legal punishment are controversial. The Fourth Session of the Eleventh National People’s Congress examined the draft amendment to the Criminal Law (VII) for the first time. It is reported that the maximum penalty for the crime of huge amounts of property from unknown sources may be raised from five years to ten years, but even so, many controversies have not yet been resolved. Therefore, this article attempts to prove the objective aspects of the crime, the burden of proof and legal punishment In order to clarify the train of thought at the time of understanding and applying the crime of huge amount of property with unknown origins.