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对于我国《刑法》第395条规定的巨额财产来源不明罪,自从其规定之日起便争议不断,在实践中也逐渐显露出其与相关法律规定以及刑事法律基本原则相抵触的一面,与立法原意相冲突,暴露出实践操作的局限性以及法律观念的滞后性。本文认为应当取消该罪,并论述了取消该罪的两点理由。
For the crime of unknown property with huge amount of property as stipulated in Article 395 of the Criminal Law of our country, controversy has been raised since the day it was stipulated and gradually revealed in practice its contradiction with the relevant legal provisions and basic principles of criminal law. The original intention of conflict, exposing the limitations of practical operation and the lag of legal concepts. This article argues that the crime should be abolished and the two reasons for the abolition of the crime discussed.