The Qualitative Difference Of Self-Laundering Behavior And Settlement

The fight against corruption is a continuous work in China,which has been further strengthened since 2014.The "fox hunting" series of anti-corruption actions were implemented by the Ministry of public security,which we are familiar with,have made cross-border cross regional recovery of stolen goods the top priority through the publicity of all kinds of red lists at large.According to statistics,at present,there are more than10000 corrupt persons abroad in our country.The illegal income of these people is about800 billion yuan,and the amount of stolen money is very large.It is a very difficult and urgent problem to solve the cross-border money laundering crime,among which how to determine whether the behavior of "self money laundering" should be punished is also a major problem to continue to be solved.In order to solve the qualitative problem of "self money laundering",the theory of non punishable post action has a great influence on the practical operation.Using this theory,we will not punish the "self money laundering" and it is only regarded as a sentencing circumstance,which results in that the perpetrator of the upstream crime will not be held criminally responsible for the subsequent money laundering.Using this theory will help our country to cross the border There are many obstacles in the process of cross regional recovery.Therefore,this paper will study and discuss the nature of "self money laundering" and its related theories,clarify the nature of "self money laundering" and its related behaviors,resolve the differences,and hope to help China’s anti money laundering work smoothly,so that the national debt can be recovered as soon as possible.The article consists of three chapters.The first chapter introduces the definition,manifestation and characteristics of "self money laundering" in detail,and puts forward the controversial issue of whether "self money laundering" should constitute the crime of money laundering,and introduces the relevant theories of "self money laundering" in detail,and puts forward the controversial issue of whether "self money laundering" should constitute the crime of money laundering,and introduces the relevant theories of "self money laundering" in the criminal law circle of China.The theory of negation insists that the actor of "self money laundering" should be excluded from the scope of the subject of the crime of money laundering,and the act should be regarded as a circumstance of sentencing,and the heavier punishment should be applied.On thecontrary,"affirmative theory" classifies the actor of "self money laundering" into the subject of money laundering crime,and there are some differences in the theories used in each theory.The second chapter firstly refutes the view that "self money laundering" does not constitute the crime of money laundering alone,and holds that it is unreasonable to apply the theory of "self money laundering" in the practice of "self money laundering",and studies whether "self money laundering" constitutes the crime of money laundering from the perspective of the provisions of criminal law.Then,it discusses the integrity of several existing affirmative theories,and puts forward its own views on the establishment of the money laundering crime of "self money laundering",respectively from the perspective of unpunishable after action,from the perspective of state crime,from the perspective of the infringement of legal interests,from the perspective of the criminal law provisions themselves,and from the perspective of the crime and punishment,and makes a conclusion On.The third chapter is based on the analysis of the full text,and sums up the judicial identification of the accomplice related to "self money laundering" and the positive impact of "self money laundering" into the crime: the identification of "self money laundering" as a crime of money laundering is conducive to the development of cross regional recovery of stolen goods and evasion in China.Secondly,there are some existing legislation of money laundering in China that are related to other controversial issues,for these issues,through discussion,we can get some views.Finally,it emphasizes and insists that the subject of money laundering crime should include the actor of the upstream crime,and the current anti money laundering work system in China needs to be further optimized,and the subject scope of the upstream crime of money laundering needs to be expanded at a certain degree.The fourth part is the conclusion,which summarizes the article.