Study On Several Questions Of Booty Crime

Since the beginning of reform and opening up, all kind of crime and the illegal activity emerges one after another , especially property crime. The proportion of the economic crime occupies the crime of our country continuously very high. Along with economical swiftly development, each kind of crime increases constantly, has the trend of escalation obviously. Corresponding to this, booty crime is rising also. In judicial practice, the forms of crime renovate continuously. The first crime provides booty for booty crime , booty crime has provided the convenience for offenders obtaining economic benefits and escaping the attack, seriously disturbing the judiciary seized crime promptly.Booty crime is the crime related booty. In criminal law of our country, stipulations about booty crime, besides 312th article, include 171th article , 191th article, 348th article, 349th article, and so on. Some scholars have called the 312th stipulation the ordinary booty crime, others booty crime have been called special booty crime. For special booties crimes, the handling of special charges should be committed to their conviction and sentencing, crime is no longer recognized as ordinary booty crime. This paper discusses the issues related to ordinary booty crime , is article 312 of criminal law.Before the amendment which booty crime is a crime less serious nature,but harmful to society should not be underestimated .There are a lot of questions about booty crime, but in criminal law theory is less studied. As the weak theoretical research , China's legislature and the judicial practice departments does not pay sufficient attention to booty crime. But, booty crime as a born criminal has close links with other criminal offenses . Both in theory and practice of criminal law , all has initiated the question which many is worth discussing. This book will revolve the ordinary booty crime, discuss to the correlation theory and the practice questions.Besides the preface, the thesis of the text includes three parts. Part one is research on the foundation summarization of booty crime. Part two is research on the study of the several questions of booty crime. Part three is research on the shortcomings and perfections of legislation of booty crime of our Criminal Law System.Part one: the foundation summarization of booty crime. This chapter first has made the simple introduction to the history and legislation of booty crime. On this basis, the author explained the constituent elements of booty crime, has emphatically analyzed subjective and objective of booty crime, then has obtained author's viewpoint.Part two: the study of several questions of booty crime. This charter includes four contexts in detail. One is object question about booty crime. On the basis of the comparing the view of difference of our criminal circle of theory, the author thought the crime object of booty crime not only includes the criminality obtained, but also includes the illegal activity obtained that has not achieved the crime degree.; Two is research on booty criminal conduct. Analysis of harboring, transfer, purchase, sale, took four behavior of booty crime characteristic and the standard; Three is obtaining from two questions to booty crime the research with crime and the non- crime ; Four is through four small questions have studied the number problems of criminal offenses .Part three: the shortcomings and perfections of legislation of booty crime of our Criminal Law System. This chapter interprets booty crime through the Criminal Law Amendment (6) , analysis the relationship between booty crime and money-laundering after amendment, and analysis to the shortcomings of present booty crime ,provide the legislative proposals from the five aspects .