对“窝藏、转移、收购、销售赃物罪”的再认识

Re-recognition of “Shelter, Transfer, Purchase, Sale Thievery Crimes”

由于刑法第312条所规定的“窝藏、转移、收购、销售赃物罪”,在许多问题的界定上不甚明了,引发了理论界以及实务部门较多争议。通过对构成要件诸方面的重新解析,对犯罪主体、主观方面、犯罪对象以及罪数形态等存在较多疑惑之处做出了较为明确的界定,以期对司法适用起到一定的借鉴作用。

Due to the fact that the “shelter, transfer, purchase and sale thievery crimes” stipulated by the 312^th. Title of the Criminal Law is not very clear by defining in many aspects, many arguments have been caused by the field of theory and practicality department. By re-designing and explaining the elements of constitution, so many doubts as subjects of crimes, subject aspects, crimes object and crimes configuration have been defined definitely so as to play some role judicial adaptation.