| Although this crime has undergone two legislative amendments,and the Supreme Court also made a comprehensive judicial interpretation on it in 2015,there are still many problems to be solved in the process of determining this crime in judicial practice,such as: the constitutional elements of this crime The “other methods” of “concealing and concealing” in the “concealing and concealing” have unclear meaning,unclear identification of “knowingly”,and vague definition of “proceeds of crime”.In addition,the distinction between this crime and other“stolen property crimes” will cause ambiguity,making this Crime cannot be accurate in terms of conviction.In response to the above problems,the author combined with typical judicial judgment cases in recent years to analyze the problems in depth.Based on the principle of crime,responsibility and punishment,crime prevention,and protection of the defendant’s human rights,the author proposes solutions to the problems in judicial determination of this crime.Promote the proper application of this crime in judicial practice by means of judicial perfection,so as to realize social fairness and justice. |