In order to cope with the challenges of difficulties in proving the property source in accordance with the law,the legislation in recent years has continuously added provisions on the source of the property involved in the prosecution.However,these explanatory clauses are scattered,the elements are not clear enough,and the requirements are not uniform enough.At the same time,due to the negative influence of conceptual thinking,the academic community interprets the legal nature of this kind of explanationas rights,obligations,burden of proof,legal presumption,etc.in an optional and closed way.However,no broad consensus has been reached on any of these views.Based on the principle of typology,the statement to exonerate belongs to the conditional burden of proof,which should strictly limit the subject of description,clearly state the object,content and standard,and follow the rules of conviction procedure.The Lenient description belongs to the special legal obligation with limitation.It should limit the object of description relatively,distinguish the content and standard of description appropriately,and apply the rules of sentencing procedure.The illegal income class description belongs to the special legal rights in the specific field,and should expand the main body and content of the description,refine the description standard and standardize the description procedure.
property involved in criminal caseselementsfeaturesspecification rule
维普
万方数据
