赃物犯罪若干问题探究

Issues Concerning Crimes Related to Illegal Booty

随着经济生活的不断发展,在司法实践中遇到的犯罪形式在不断翻新,理论与实务界对掩饰、隐瞒赃物犯罪行为人的主观方面及"犯罪所得"的认定等均存在较多争议。笔者拟在实务视角下,对犯罪者"明知"、犯罪对象中"犯罪所得"、犯罪客观行为以及赃物罪定罪标准等进行分析研究。

As we see in judicial practice, new crime forms emerge with constant development of economic life. There exist controversial issues among theoretical and judicial circles concerning the recognition of ＂booty obtained through a crime＂ and the subjective aspects of the offender who hides or conceals illegal booties. From the perspective of judicial practice, the author makes an analysis of illegal-booty-related crimes in terms of the ＂knowing＂ of the offender, the understanding of ＂booty obtained through a crime＂ in criminal target, the objective behaviour of the offender and the convicting standard of illegal-booty-related crimes.