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On The Crime Of Concealing Or Disguising Criminous Gains And Its Profits

Posted on:2011-10-13Degree:MasterType:Thesis
Country:ChinaCandidate:J S GanFull Text:PDF
GTID:2166330332469812Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
the crime of concealing or disguising criminous gains and its profits meansthe behavior that the criminals know the incomes are booties and its profits clearly,but still hides, transfers, purchases or sales or conceals them by other ways. thecrime of concealing or disguising criminous gains and its profits belongs to theaccusation of object type, the subjects are mainly including the units andindividuals, and the crime object means the investigated activities carried byjudicial authority. In subjective aspect, to harbor is not including receiving.Transfering the booties means moving, transporting the place of booties and otherways to transfer them. Purchasing needn't makes the purpose of saling. Substititeof saling means assisting sailing. Other things like masking, concealing not onlyinclude machining, dealing, introducing dealing, pawning, auctioning andpledging, but also include other means of holding, using, mediating, receiving andfinancial insturments operatng.'Criminous gains and it's profits'refers to themeaning that owning the property and materials or its profits by the means ofcrime ,including its fruits, profits and exchange of the original materials. Insubjectivity, to those knowing perfectly well should insist'maybe story', and therules of judging whether it is knowing perfectly well should insist'compromisingstory'. Nowadays, the legislation of concealing or disguising criminous gains andthe its profits in China still exists the problems of target confusion,lowerpunishment, undefinedness standard of crime's establishment, shortage ofconsideration of gathered crimenals and relatives criminals and so on. Therefore,we should learn from the excellent legislation achivements of Civil Law Systemand Common Law System in main countries, and we should follow the fiveprinciples: further confirming the intension and extension of target of crime;improving the highest legal penalty; inscreasing"serious consequence"asconvicting spots, and"most serious consequence"as the increasing spots;increasing the gathered crimenals and relatives criminals; and increasing thesituation of"presumption intent".
Keywords/Search Tags:booty crime, concept, applied accusation, elements ofdeconstruction, shortage of legislation, improvement of legialstion
PDF Full Text Request
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