A loophole in the property law is providing shelter for corrupt officials and should be closed, according to an academic.
In a letter posted on the People's Daily website on Wednesday, Chinese Academy of Social Sciences researcher Shao Daosheng said Article 395 of the criminal law was defective and allowed corrupt public servants to escape more severe punishment.
The article demands that state functionaries explain the sources of their property when their assets or expenses exceed their legitimate income.
Any assets not accounted for have to be surrendered to the state, but the maximum sentence for a conviction under this section of the criminal code is five years.
If the official confesses to graft or investigators are able to determine an illicit origin for unexplained assets of more than 100,000 yuan, the accused can be prosecuted under Article 383, which gives the courts the power to impose a minimum 10-year jail term or a death sentence.
Professor Shao said the difference in the severity of the sentences discouraged corrupt public servants from confessing.
'Corrupt officials prefer to be prosecuted under Article 395 because those found guilty of graft under Article 383 can be severely punished, or even sentenced to death,' he said in the letter.