The Opinion About The Charge Of Covering Up Or Concealing Criminal Gains Or Criminal Benefits

On the basis of the "Criminal Law Amendment (6)" in Article 312, of China's Criminal Law, The charge of covering up or concealing criminal gains and criminal benefits was revised and re-established by canceling the harbor, transfer, acquisition, sale of stolen property conviction crime according to the Supreme People's Court and Supreme People's Procuratorate on the implementation of the "Criminal Law of the PRC" guilt supplementary Provisions 3.Booty crime is a crime related to booty, which has been existed for a long time. In China's Criminal Law, in addition to the Article 312 of, the charge of covering up or concealing criminal gains and criminal benefits .there still have some other crimes related to booty, including Article 171 of the sale, purchase, transport of counterfeit money crimes, Article 191 of the crime of money-laundering, Article 348 of illegal possession of drug crimes, Article 349 of harbor, transfer, concealing of drugs .According to the provision about booty crime of the Two law family, the traditional sense of the stolen crime is similar to the Article 312 of the charge of covering up or concealing criminal gains and criminal benefits .Therefore, some scholars described the Article 312 as common booty crime, and collectively defined the other crimes involving special booty, which have been fixed with special accusation in the provision of Criminal Law, as special booty crime.Before the "Amendments to the Criminal Law (6)," there are few researches about booty crime in theory circle of booty crime, there are many controversy in dealing with booty crime-related issues in the judicial practice. "The "Amendments to the Criminal Law (6)" revised the harbor, transfer, acquisition, sale of stolen property crimes from the crime targets, behavior and Legal Sentence, and then changed the accusation into the charge of covering up or concealing criminal gains and criminal benefit. Considering these adjustments, we will discuses the relevant theory and practice problems combing with the relevant research results appearing before the revision. This paper was composed of three parts: preface, main part and conclusion. The main part has four components.Partâ… : Overview of booty crime. In this part, we introduced the general legislation condition of booty crime in the main countries and regions of the Two law family respectively. Focusing on the evolution and current situation of booty crime legislation and got the conclusion finally.Partâ…¡: General elements of booty crime. The discussion was exploded from four aspects: object, objective, subject, subjective.Partâ…¢: General Discussion on the booty crime. In this part, we will discourse the problems on the basis of criminal theory and judicial practice in three aspects: criminal target, crime and not-crime, marginal differences from other relevant crime.Partâ…£: The completion of general booty crime legislation.Conclusion...