简论巨额财产来源不明罪

巨额财产来源不明罪确立以来 ,发挥了积极作用。但是随着时间的推移 ,这一罪名越来越暴露出自身的缺陷 ,直接影响了该罪在打击、防范国家工作人员贪污、贿赂等犯罪方面所应发挥的重要作用。对于该罪犯罪构成要件和法定刑幅度 ,刑法理论界和司法实践部门存在较大争议 ,对此笔者阐明了自己的看法。

On Crime for Huge Wealth of Unknown Source

Since the crime for huge wealth of unknown source was established,which has brought the positive function into full play.However,with the passing of time more disadvantages in the crime itself are revealed,which has influenced the important function for fighting against corruption and bribery of government office workers.The author explains his own views on the range of key parts for composing the crime and law definition which are argued seriously in crime theoretical circle and practical department of legal system.