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巨额财产来源不明罪自设立以来,一直在理论界、司法界存在颇多非议,被认为是刑法分则中一个最具有争议性的罪名。尽管《中华人民共和国刑法修正案(七)》提高了巨额财产来源不明罪的法定刑,符合打击腐败犯罪的要求,也体现了是“宽严相济”的刑事政策,但仍未从根本上解决巨额财产来源不明罪立法上存在的缺陷。
Since its establishment, the crime of huge amount of property with unknown origins has always been a subject of considerable criticism in theorists and the judiciary. It is considered as one of the most controversial charges in the criminal law pointsanization. Although the Amendment to the Criminal Law of the People’s Republic of China (VII) has raised the legal penalty for the crime of huge amounts of property with unknown origins, meets the requirements of cracking down on corruption crimes and also embodies the criminal policy of “leniency and leniency,” it has not fundamentally Solving the Legislative Defects in Crime of Huge Property with Unidentified Sources.