我国1997年修订的刑法新增设了巨额财产来源不明罪,作为对传统的贪污、贿赂犯罪规定的补充。但随着该罪在实践中的应用,其立法上的缺陷也逐渐显现出来。尽管最新的《刑法修正案(七)》将该罪的最高量刑从5年提高至10年,但仍未从根本上解决其立法上存在的问题。本文分析了巨额财产来源不明罪在立法上和实际应用中的缺陷,并就如何进一步完善巨额财产来源不明罪立法提出了相关见解。 The criminal law amended in 1997 in our country newly added a huge amount of property with unidentified sources as a supplement to the traditional provisions on corruption and bribery. However, with the application of the crime in practice, its legislative flaws are gradually emerging. Although the latest Criminal Law Amendment (VII) raised the maximum sentence of this crime from 5 to 10 years, it still has not fundamentally solved its legislative problems. This article analyzes the shortcomings in the legislative and practical application of the crime of huge wealth of unknown origin and puts forward some suggestions on how to further improve the legislation on the crime of huge wealth with unclear origin.