Study On The Judicial Practice Of The Crime Of Covering Or Concealing The Proceeds Of Crime Or Its Profits

With the vigorous development of China's market economy in recent years,the number of crime of conspiracy has surmounted,asthe crime of covering or concealing the proceeds of crime or its profits is also increasing year by year.The forms of crime and criminal means vary day by day.The criminal offense stipulated in Article 312 of the Criminal Law of 1997 has been amended twice by the 2006 Criminal Law Amendment(6)and the Criminal Law Amendment(7)in 2009.On June 1,2015,the Supreme People's Court promulgated the "Interpretation of Several Issues Concerning the Application of Law in the Trial of the Criminal Cases of the Crime of Covering or Concealing the Proceeds of Crime or Its Profits." From the legislative evolution of the crime and the introduction of judicial interpretation,we can get a glimpse into the maturity of our criminal code in legislation and judicial interpretation,which provide more clear guidance for judicial practice.However,because of its own hysteresis,the lawcan not assess new problems in judicial practice,the controversy of the crime of covering or concealing the proceeds of crime or its profits is still endless,which has ledtothe sentencing imbalance,the boundaries unclear both on crime with non-crime,and this crime with other crime.I combined with my own work experience,put forward some doubts,to hope to behelpful.This paper consists of four parts.The first chapter,the Judicial determination of subjective aspect on the crime of covering or concealing the proceeds of crime or its profits.Mainly from the perspective of judicial practice,classify the criminal objects of the crime involved;Explore the four kinds of the covering,concealing objective behavior in the provisions of the legal provisions,combined with the criminal interpretation of 2015 and other relevant judicial interpretation,summarize out of the eight kinds of the covering,concealing "other methods";Combined with the crime of judicial interpretation,define the crime in the clear amount,quantity,plot and other crime standards,at the same time,also analysis in-depth and completely on the situation of the five cases of "serious situation",the uncriminal punishment which including of buying for own use and concealing for the close relatives,etc;and put forward my own point of the controversial " issues on the repeated calculation of the number " in judicial practice.The second chapter,the judicial determination of objective aspect on the crime of covering or concealing the proceeds of crime or its profits.From the direct and indirect intention theory in the criminal law,revolving of the relationship and diffence of “knowing” in the total and separade section of criminal law,analysis on the meaning of "knowing",the extent of "Knowing" and the judgment criterion of “knowing”.In the judicial practice it usually expressed as "know" and "should know".We usually utilize the presumption to judge "should know" in judicial practice.The third chapter,the practical application for “the facts of the establishment of upstream crime facts”.It Defines the crime the elements in the substantive requirements,and requires the upper reaches of the crime in accordance with the law has been made in accordance with the law;Only insome special circumstances,the upper crime has not yet been referee,but the verification is true,it still can punish the down crime;In addition,it also can punish the down behavior of covering and concealing,which the upper crime is consistent with the elements of the crime,but the perpetrators do not achieve full criminal responsibility.The fourth,the distinction with self and other crime.It's trying to do the analysis from the difference between the crime of money laundering and harboring,transfer,concealment of drugs crime,and to define the crime of holding types and others,which could clarify the boundaries of each crime.