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现行刑法中的巨额财产来源不明罪无论是在立法上还是在司法实践中都存在着缺陷和困境,严重影响了打击腐败的力度,以至于一直饱受诟病与责难。诸多研究表明有必要首先充分认识分析该罪的所存在的矛盾与困境,并对各种完善方式作全面地分析思考,吸收借鉴其合理之处,摒弃其糟粕,最后从该罪的罪状表述、罪名确定方面予以完善,同时配合以相应的制度建设,以摆脱该罪的法律困境,充分发挥其在反腐败中的积极作用。
The crime of unknown property with huge amount of property in current criminal law has defects and difficulties both in legislation and in judicial practice, which has seriously affected the fight against corruption so that it has always been criticized and censured. Many studies show that it is necessary to first fully understand and analyze the contradictions and dilemmas existing in this crime and to analyze and think various ways of improvement in an all-round way so as to learn from its reasonable place and abandon its dregs. At last, In order to get rid of the legal predicament of the crime, we should give full play to its active role in anti-corruption.