Research On The Crime Of Concealing And Concealing The Proceeds Of Crime And The Proceeds Of Crime

The Crime of Covering or Concealing Criminal Gains and Incomes as stolen goods has always been the focus of the legislators for their obstruction of justice and the promotion of crimes committed upstream.But in practice,on the one hand because of the characteristics of small punishment of crime,legal sanctions strength is limited,there is no obvious deterrent,on the other hand,with the development of social economy,driven by the interests of some criminals luck,still rush into danger crime,under the above two reasons,the situation is always high in practice.After entering the new century,with the rapid development of economy,the sharing of the Internet economy,the crime of concealing behavior,means the emergence of new trends,new changes,the legislators judiciary put forward new challenges and requirements.In this context,legislators enacted in the criminal law amendment was amended several times to disguise or conceal the proceeds of crime,the proceeds of crime subject,crime,sentencing,the judicial organ has also been released in 2015 first about the general applicability of judicial interpretation.With the amendment of the criminal law and judicial interpretations promulgated,in the practice of this crime conviction and sentencing again the emergence of new changes and new problems,the need for careful thinking,the nature of the crime,the crime constitution,the consequences of such aspects as understanding.This paper is divided into three chapters to analyze the the crime of covering or concealing criminal gains and incomes.The first part discusses the criminal nature of the crime.First of all,by drawing on the relevant theories at home and abroad,combined with judicial practice,this paper analyzes the nature of the crime,and draws the conclusion that the crime is the crime of impairing the investigation and punishment of the upstream crime.Then combining the theory with the case form,from the aspects of subject of crime,criminal means of harboring money laundering,etc.to avoid the confusion of similar crimes were distinguished on judicial interpretation motor vehicle,computer security judicial interpretation special judicial interpretation undertook combing,and caused by the application of different the judicial interpretation of the sentencing imbalance problem put forward their views.In the second part,the basic principle of the crime is discussed.Firstly,through the analysis of this crime,discusses the subject,subjective elements and the objective elements,identification,such as the problem of unit crime and on the theory and practice of the controversial subjective knowing,crime means and criminal object are analyzed.Then through the analysis of the 2015 two high judicial interpretation,discusses the conviction in practice,sentencing standards,plot,and leniency policy,also put forward their views on the shortcomings of the new judicial interpretation.The third part makes a distinction between the problems encountered in the practice of this crime.First of all,in the new judicial interpretation of the partial conviction,sentencing circumstances unclear statements,the convergence of sentencing between the upstream and downstream crimes and other issues are discussed in detail,and put forward their own proposals.Subsequently,it expounds the problems of common crime frequently encountered in practice and the problems of special trades and regulations,and puts forward some countermeasures.