Research On The Objective Elements Of The Crime Of Shielding Or Concealing The Illegal Gain Or The Income Of Illegal Gain

The act of the crime of shielding or concealing the illegal gain or the income of illegal gain includes: concealing, transferring, purchasing, helping to sell and other methods. "Concealing" means knowingly managing or accepting the illegal gain or the income of illegal gain. The methods of concealing include managing and accepting. "Transferring" means knowingly shift the illegal gain or the income of illegal gain from one place to another place. "Purchasing" means knowingly buy the illegal gain or the income of illegal gain largely. "Helping to sell" means knowingly helping the criminal to sell the illegal gain or the income of illegal gain. "Other methods" should be understood substantively. Usually, using the illegal gain or the income of illegal gain should not be the crime, but under special condition, it should be regarded as crime.The object of the crime of shielding or concealing the illegal gain or the income of illegal gain includes the illegal gain and the income of illegal gain. The "crime" here refers to all kinds of crimes and other illegal activities, not only refers to the property crimes. "The illegal gain" is the property gained by the accomplished illegal act of other persons. It includes the banned articles, the benefits with the characteristics of property, transferred articles and the articles used in business. "The income of illegal gain" means the benefits of the illegal gain. It includes the natural benefits and the legal benefits.The conditions should be added to the crime of shielding or concealing the illegal gain or the income of illegal gain. The conditions should be "serious circumstances". The especially serious circumstances" should be the condition of aggravating the punishment. Whether the circumstances are serious should be judged by the characteristics of the previous crime, the number and the method of the act ,the object of the act. Judged by the special conditions of the case, if the act severely harms the justice activities , it should be the serious circumstances.