Research On The Crime Of Covering Up Or Concealing Criminal Gains Or Criminal Benefits

In 2015,the Supreme People's Court promulgated the "Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases that Covered or Concealed the Proceeds of Criminal Proceeds and Proceeds from Crimes".It described the sentencing standards for concealing or concealing the proceeds of crimes and the proceeds of crimes,and defined the "minor criteria for crimes" and the"serious criteria for crimes";"how crimes are calculated";"relationship with the establishment of predicate offences";"conviction standards for prior complicity";At the same time,we must also have a clear standard for determining the nature of the crime.This paper focuses on the existing judicial documents and the latest research results of the academic community,and conducts research on concealing and concealing the proceeds of crime and the proceeds of crime.This paper analyzes the constitutive elements of the crime and puts forward some problems with typical representative,which is also difficult in judicial practice.This paper is divided into four parts.The first Part:understanding the criminal object of this crime.Analyze the"stolen goods" in the criminal object and clarify the evaluation criteria of the stolen goods.The qualitative problems of stolen goods were analyzed.The second part:the difficulties of proof on this crime's subjective elements are analyzed,based on past judicial interpretation,the provisions of "should know" the normative documents,a deep understanding about the definition of "knowledge".It also analyzes whether the "knowing" can be determined in a constructive way.The third part:analyzes the problems of the objective aspects of the crime,introduces the objective behavior of the crime,and analyzes the seriousness of the crime.The identification of "verification and verification" combines the current academic research results and personal understanding and puts forward some personal opinions.The fourth part:analyzes the relationship between the crime and other stolen goods,how to determine the crime of money laundering,and analyzes the relationship between the crime and the crime of money laundering,and the relationship between the crime and the crime of hiding and protecting.It also analyzes the special circumstances which cannot constitute the crime or exempt from punishment.