Covering Up And Concealing The Criminal Gains And Profits

Covering up, concealing the resulting of crime is the traditional booty crime; it is an independent charge with depending on nature in the criminal law of our country. This crime goes through 1997 criminal law was revised and after (6),(7) revision two times of criminal law amendment, just improve in charge and crime are stated. Compared with the situation that the foreign booty crime legislates, the criminal law of our country will cover up, conceal the resulting crime of crime to put in impairing the judicial crime, make, should commit crime object encroached on have unique property, have different views about guilty crime target, manner, subjective etc. issue educational circles this too. So, carry on the deep discussion to this crime and favorable to the settlement of the concrete problem of the judicial practice.This paper is divided into four parts:In the first part, the author surveys the concept the covering up and concealing the resulting of crime and legislation in China and abroad. It introduces that the change of accusation and count leads to different concept, because of the revision of the criminal law and its amendments. At the same time, it focuses on the legislative evolution, the legislation of the Taiwan region and abroad, and the difference.In the second part, the author focuses on the constitution of the covering up and concealing the resulting of crime, deeply analyzes the targets, criminal acts, subjects and subjective knowing, especially analyzing some different issues in theory, and come to the point of view.In the third part, the author introduces the relationship between the crime and related crime, respectively dealing with the similarities and differences between the crime and money laundering, harbors, transfer, concealment drugs and poisons guilty about the crime object, crime treatment and crime and non-crime.In the fourth part, the author suggests legislative recommendations, such as adding to the punishment of "habitual offenders" and relieving the punishment of "relatives guilty".