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巨额财产来源不明罪,是为贯彻严厉打击腐败犯罪而产生的一项独立罪名。从其产生之日起就有学者对其正当性问题作出了探讨,时隔20年,刑法修正案(七)又重新提起对其存废的讨论。巨额财产来源不明罪的设定符合严厉打击腐败的刑事政策需要,其存在符合刑事法无罪推定原则,有其存续的正当基础。当然,随着社会的发展,该罪也该有相应的修正和发展,这是保持其正当性的要求。刑法修正案(七)将其法定刑从五年提高到十年有着重要的意义。
The crime of huge amounts of property from unknown sources is an independent charge arising from the crackdown on corruption crimes. From the day of its birth, some scholars have discussed the issue of its legitimacy. After a lapse of 20 years, the amendment of the Criminal Law (VII) again raised the discussion of its existence and abolition. The crime of setting aside huge amounts of property with unidentified sources complies with the criminal policy of cracking down on corruption. Its existence is in conformity with the principle of presumption of innocence in criminal law and has its just basis for existence. Of course, with the development of society, the crime should be amended and developed accordingly, which is the requirement of maintaining its legitimacy. The Amendment to the Criminal Law (VII) It is of great significance to raise its legal sentence from five years to ten years.