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惩治和预防巨额财产来源不明犯罪是反贪污贿赂检察工作的重要组成部分,但由于理论上对巨额财产来源不明罪存在颇多争议,增加了犯罪成立的证明难度,尤其是对犯罪数额的准确认定成为认定巨额财产来源不明罪的关键所在。根据我国刑法第三百九十五条的规定,结合实践中多年的办案经验,笔者认为,认定巨额财产来源不明罪犯罪数额包含四大要素——“财产”、“支出”、“合法收入”、“能够说明来源的财产
Punishing and Preventing Huge Property with Unidentified Sources Crimes are an important part of procuratorial work against corruption and bribery. However, due to the controversy over the crime of huge sources of property with huge amounts of money in theory, the difficulty in proving the establishment of crimes is increased, and in particular, the accurate identification of the amount of crime Become the key to the crime of identifying a large number of unidentified sources of property. According to the provisions of Article 305 of the Criminal Law of our country and many years of experience in handling cases in practice, the author believes that the amount of crimes found in the crime of huge amount of property with unknown origins contains four major elements - ”property“, ”expenditure“ ”Legal income “, ”Can explain the source of property