赃物犯罪若干问题探讨

随着财产、经济类犯罪的增多，近年来有关窝藏、转移、收购、销售赃物的犯罪活动也呈不断上升之势。为了遏制日益严重的赃物犯罪，也为了惩治盗窃、抢劫等相关犯罪，立法机关从犯罪对象、行为方式、处罚力度三方面对1997年刑法的第312条进行了补充与修改，在很大程度上弥补了原法条与赃物犯罪的司法实际情况不相适应之处，使赃物犯罪的立法趋于完善。文章从赃物犯罪的犯罪对象、罪与非罪、罪数问题个方面对赃物犯罪作了探讨分析。

On Several Issues regarding Booty-Related Crimes

With the increase in property-related and economic crimes in recent years, the criminal activities concerning the concealing, transfer, purchase and sale of booty have been increasing as well. In order to reduce such crimes, and to punish those related ones, such as theft and robbery, legislators have amended and revised Article 312 of Criminal Law of People＇ s Republic of China （ 1997 ） in terms of the object of crime, the mode of conduct and the punishment. The revisions have, to a large extent, successfully filled up the gap between the original Article and the judiciary practice concerning booty-related crimes, thereby perfecting the legislation in this regard. This paper makes an analysis of booty-related crimes in terms of the object of crime, the definition of crime and innocence, and the quantity of crime.