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为了弥补贪污罪和受贿罪状在司法实践中的不足,有效预防、惩治公务人员的贪腐行为,保持公务人员的廉洁,1997年我国在修订刑法时规定了巨额财产来源不明罪。但该罪名在实体和程序上还有漏洞,配套制度也欠缺,导致在司法适用上备受争议。笔者拟从巨额财产来源不明罪的立法背景、现状分析出发,提出相关制度对该罪加以完善。
In order to make up for the deficiencies in the judicial practice of embezzlement and taking bribes, effectively prevent and punish corruption of public servants and maintain the integrity of civil servants, in 1997 China amended the criminal law to stipulate the crime of huge amount of property from unknown sources. However, there are loopholes in the accusation of entity and procedure, as well as the lack of supporting systems, which has led to controversy over the judicial application. The author intends to start from the legislative background and current situation of the crime of huge amount of property with unknown origins and proposes that the relevant system should be perfected.