Study On Several Questions Of Crime Of Covering Up Or Concealing Criminal Gains Or Criminal Benefits

In 2006, criminal law amendment(six), canceling the original harboring, transferring, purchasing or selling stolen goods of crimes, covering up or concealing criminal gains or criminal benefits formally established. In May 2015 the judicial interpretation of the supreme people’s courton about the crime of covering up or concealing criminal gains or criminal benefits from the standard sin, from the plot, the cognizance of serious, the relationship between this crime and its upstream, to crime the specific applicable made specific provisions. This paper around the new judicial interpretation, combined with the previous re lated research at home and abroad, also discussing some problems of this crime.This article mainly ties to the components of this crime choose some typical problems to explore it. This paper was composed of four parts.Part Ⅰ: Analyzes the object of this crime, proposed own viewpoint, this crime should be expressed as covering up and concealing criminal gains or criminal benefits; creatively proposed theory of crime prevention "crime".Part Ⅱ: Analyzes the object of this crime, think the real estate, interests can be materialized, contraband and crime directly produced by the property are criminal gains; proposed criminal benefits is direct benefits, indirect benefits is include.Part Ⅲ : The behavior of covering up or concealing criminal gains or criminal benefits are analyzed in detail, pointed out that "other method" should be strictly limit its applicable; it is concluded that this crime with a significant difference between the other two crimesPart Ⅳ: Pointed out that this crime subjective as "may know"; in decide whether behavior person know perfectly well, we should departure from the act itself, but also should be based on objective conditions at that time; listing the common type of presumption.