Study On The Judicial Application Of The Crime Of Concealing And Concealing The Proceeds And Proceeds Of Crime

In the process of the development of the socialist market economy,compared with the past,cases of infringement of property have shown a spurt of growth,and the crime of concealing and concealing the proceeds of crime and proceeds of crime as its downstream crime has increased more and more,seriously affecting the normal recovery activities of judicial organs.The statutory penalty for this crime is relatively light,but due to the proliferation of cases seriously affecting the social management order,although after two legislative amendments,the Supreme People’s Court has made two judicial interpretations,but there are still many controversies and doubts in the judicial practice of this crime remain unsolved.This article focuses on the controversial and difficult issues of judicial application in the crime of concealment and concealment.Firstly,to clarify the protection of the legal interests of the crime of concealment and concealment,we should adhere to the comprehensive viewpoint based on the maintenance of the old illegal state,and supplemented by the pursuit of the right to say,so as to achieve a balance between the two functions of criminal law in protecting the legal interests and maintaining social order.Secondly,regarding the definition of the objective aspect of this crime,the establishment of this crime is not predicated on the verdict of the predicate crime,the fact of the predicate crime is established and there is sufficient evidence to prove it.The proceeds of crime connotes the property obtained as a direct result of the criminal act and the attempt of the predicate offence on the part of others.For the special proceeds of crime investment income,should be recognized to a certain extent to carry out legitimate and honest work of the business conduct benefit has the legality,but not fully recognized its legality.Once again,regarding the definition of knowledge of this crime,the connotation of knowledge should adhere to the viewpoint of "possible",and the content of knowledge should be defined using a combination of two different degrees of behavioural and resultant harm awareness,in order to avoid the abuse of penalties.In the judicial determination of knowledge,the method of using circumstantial evidence to prove it or supplementing it with other facts and other evidential circumstances should be adopted.Finally,the question of the number of offences.In the context of the amendment to the Criminal Law(Eleventh)on the offence of money laundering,in particular,the general and specific relationship between the two offences,the principle of subjective and objective consistency is adopted to distinguish between the two offences in order to strike a precise blow.