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

For a long time,the crime of concealing and concealing the proceeds of crime has the characteristics of obstructing the judicial order,and is the object of the main attack in judicial practice.In recent years,with the rapid development of China’s social economy,the crime has always been in a high incidence in practice,and the behavior and means have also appeared new changes and new trends.Although the amendment of the Criminal Law has made a great modification to this crime,and the supreme judicial organ has formulated and promulgated relevant judicial interpretations to guide judicial practice,these norms are always relatively lagging behind the social development,and the application of this crime in practice is facing many urgent problems,so it is necessary to seriously discuss it.We should pay attention to "crime" not only refers to property crime,but to all crimes.In addition to the property obtained by crime,generally illegal property should also be included in the category of "criminal gains" of this crime.In judicial practice,whether the specific object can be regarded as the object of the crime there are differences,and the scope of the upstream crime of the crime is not limited,so the contraband,real estate,processing,property interests,fruits,profits,investment income can be identified as the object of the crime.Because of this crime judicial interpretation does not seem to "knowingly" qualitative,so the basic meaning of "knowing" and "knowing" has been controversial problems such as how,from the Angle of logical explanation,this crime’s subjective "knowing",as an essential part of crime constitution important document,its contents include crime object and harm as a result,the degree of contains knows or should know,Time does not include hindsight.In practice,if the defendant refuses to admit the existence of "knowing" subjectively,the judges need to make a factual presumption based on existing evidence and comprehensively analyze whether the defendant is "knowing" subjectively.Although the 2021 judicial interpretation has removed the limit of the amount of the offence,it does not mean that the amount is not a factor to be considered for the offence.In order to make the crime more objective,it is necessary to take the amount as one of the criteria of conviction.In determining the "serious circumstances" of the crime,the subjective malignancy of the defendant should be considered in addition to the amount and frequency.This crime and money laundering law concurrence relationship,compared to this crime,money laundering object of the crime on but also to protect the country’s financial management order,on the way will be more emphasis on illegal property into the surface of the legal property,also only include the law on the crime object seven kind of upstream crime of the crime income,subjectively more emphasis on hidden income source and nature of the crime.