The Crime Of Concealing Or Disguising Any Assets Derived From Or Obtained, Directly Or Indirectly, Through The Commission Of An Offence And Its Protection Of Legal Advantage As Well As Its Application

The criminal law article 312 in mainland China declares that concealing or disguising any assets derived from or obtained, directly or indirectly, through the commission of an offence is a traditional booty crime, at the same time, Amendment 6 and 7 to the Criminal Law of the People's Republic of China amend it as regular crime of money laundering. However, as a disseminated crime, there's few clearness of protection of legal advantage in this crime which results in a relatively big discrimination, practically, in conviction and sentencing of difficult cases. This thesis is to evaluate and analyze through Extraterritorial booty crime under the relative legislation of protection of legal advantage and typical examples of booty crime, to expound the legislation aim of this crime, and make an appropriate explanation to its constitutive elements.This thesis is consisted by introduction and body text. In the introduction part contains the aim and meaning of this thesis, and also generally introduces the research method and the basic thinking clue and construction. 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. The body text begins from the introduction of protection of legal advantage theory, and makes a specific introduction of booty crime under respective protection of legal advantage and typical sentencing example. Such as: stolen property; offense of receiving stolen property; restitution; hindering restitution; theory of hindering restitution.And then, in the second part of the thesis, author evaluates and analyzes the protection of legal advantage of booty crime, and promote the view of this thesis, that is, protection of legal advantage of concealing, disguising any assets derived from or obtained, directly or indirectly, through the commission of an offence is operated by The positive function of national criminal jurisdiction action, and meanwhile, expounds reasons of founding this law. Based on this, in the final part of the article, author raises the resolve thinking clue about the difficult cases in application of this crime. This clue takes protection of legal advantage as center and applies systematic explaining method; and makes a specific explanation about how this crime comes out as regular money laundry and the relation between regular money laundry and money laundry.This thesis has its own features and some innovations on its research method, theoretical exploration and legislation practice aspects. It shows-these characteristics in the following aspects, first, from the perspective of comparison, not only introduce the theory of booty crime protection of legal advantage domestically and abroad, but also pay attention to the combination of legal interest and legislation; in the aspect of systematic explanation, this crime with other relative property crimes, laundry crime and bona fide acquisition institution make a consistency; applying true example case and data to make the view evident. Second, besides the base of mainland general speech, this thesis raises this crime's protection of legal advantage is the effect of national criminal justice. Third, taking this crime's protection of legal advantage as a core, this article raises reasonable, easy-applying standard, such as:the identification of booty, the differences between this crime and other property crime, and the differences between this crime and other laundry crime as well as other crimes of impairing judicial. Of course, constrained by the author's knowledge, energy, and thinking limitation, this article contains inevitably some flaws; I sincerely appreciate it if every teacher and expert will correct them generously.