Research On Application Issues Of The Crime Of Covering Or Concealing Criminal Gains And Incomes

The Supreme Court announced the "Supreme Court of people's interpretation on the trial of the crime of covering or concealing criminal gains and incomes crimes issues"on May 29,2015.The essay take the document as an opportunity,according to the supplement and changes,combined with previous research results,explore and analyze the law application of the crime.By reading research references, combining multiple related cases,this part gives a detailed discussion about the crime in regard to constituting features in the process of analyzing the cases, strives to link theory with practice, progressive approach,and offers some suggestions and countermeasures of the problems may be encountered in the judicial practice.From the legislative status quo of the crime, by listing the crimes statute change, the writer elaborates punishment purpose and means from the crime of criminal law.Of course, the most important the writer wants to be noted is application issues of the crime.The legal texts are only a few dozens of words, by literal interpretation, systematic interpretation, purpose of explanation and other methods to explain, there are many controversial points.Based on previous studies, combined with my knowledge and thinking, I put forward my own ideas on controversial points in judicial practice, to solve practical problems.I talk about the effect that predicate offenses bring to the crime. The chapter describes the issue of predicate offenses are discussed if predicate offenses established or not will do any effect on the crime. The conclusion is that if the upstream behavior existed, but the law does not constitute a crime, then the crime won't constitute; predicate offenses facts that can be verified, predicate offenses facts that can be verified, but the perpetrator did not reach the age of criminal responsibility or any other reasons will not be held criminally responsible,then the crime will constitute.Speaking of this crime, money-laundering offenses which is close to this crime have to be mentioned. I discuss the difference between them in the constituent elements,secondly I analyze that the crime of covering or concealing criminal gains and incomes are coincidence of money laundering,lastly I describe how to identify and distinguish the two crimes in judicial practice.