Analysis Of Some Problems On The Crime Of Disguising Or Concealing Illegally Acquired Income Or Proceeds

The crime of disguising, or concealing illegally acquired income or proceeds was established in the criminal law amendment (6) after several revisions. The author starts from the four constitutive elements of the crime, and puts forward some suggestions on the problems existing in the theoretical circle and the judicial practice. In the first part, in relation to the crime object, the author shows some analysis of foreign related theories such as the Theory of Right to Pursuit of Power, State Maintenance Theory, and the Theory of Combination. Then put forward her views that the judicial organs recovered proceeds of crime and gains normal activities and trace cases, contradict existing several points of view to explain the reasons; Second, the author analyzes the connotation of " disguising and concealing" in relation to the crime objective aspects and points that it is necessary to divide the two parts clearly in the judicial practice and interpret the four specific ways and to explain the necessity of adding the miscellaneous provision of other ways to disguise or conceal; On "proceeds of crime" in the "crime" is with the objective elements of the crime and its scope includes all acts of crime, the proceeds of crime does not include indirect benefit, for some special forms gives analysis, criminal proceeds and does not apply in good faith to acquisition system; Third, the author gives analyses of the rationality to add the unit crime and advises to create the special subject of "Regular business crime" in the main body of the crime; Fourth, in respect of the subjective aspects of the crime, the author puts forward that "knowing" should include "may know"; Finally, the author puts forward some suggestions such as this crime should be added the manner of nonfeasance crime, the applicable rules of the crime of other ways to cover up in practical, improve the unit crime punishment system and respectively provide "serious" and "especially serious" for the statutory punishment relate to the special clause of "as often to disguise or conceal the proceeds of crime and the income, the special provisions shall be given a heavier punishment".