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巨额财产来源不明罪自纳入《刑法》以来,在司法实践中得到大量适用,惩罚了一批腐败分子,然而近年来关于此罪适用的法律效果和社会效果却颇多争议。现在,“巨额财产来源不明罪”越来越多地出现在各级法院的判决书中,而且这个“巨额财产”的数额越来越巨,往往要比贪污、受贿的数额大得多,而犯罪分子却不能因此得到相应惩罚。本文认为这个罪名的设置不尽合理,有待于修改完善。
Since its incorporation into the “Criminal Law”, the crime of huge wealth of unidentified sources has been widely applied in judicial practice and has been punished by a number of corrupt elements. However, the legal and social effects of this crime have been quite controversial in recent years. At present, “the crime of huge amounts of property of unknown origin” is increasingly appearing in the judgments of various levels of courts and the amount of “huge property” is getting larger and larger than the amount of corruption and bribery However, criminals can not be punished accordingly. This article thinks that the setting of this charge is not reasonable and needs to be revised and improved.