Study On Difficult Problems Of "self-money Laundering" Type Money Laundering Crime

Self-money laundering refers to a criminal act that legalizes the proceeds and proceeds of the crime by "cleansing and bleaching" after the perpetrator commits a statutory upstream crime.Before the Amendment of Criminal Law（Xi）,"self-money laundering" has not been independently made into a crime in China’s criminal law theory due to the influence of the traditional theories of stolen property crime,such as "unpunished after-action",no possibility of expectation,and the conjectionality of article 191 and Article 312 of Criminal Law from one felony punishment.In this revision,self-money laundering is included in the scope of regulating money laundering crime,and the crime is also changed from the original single mode of "other money laundering" to the dual structure of "self-money laundering" and "other money laundering",which is more conducive to combating money laundering crime.At the same time,the expansion of the subject range of money laundering crime is bound to bring new difficult problems for judicial practice.This amendment deleted the word "knowingly" to cooperate with the expression of self-money laundering criminalization adjustment provisions,and also reduced the proof standard of money laundering crime,but it does not affect the crime of money laundering is still intentional crime,the establishment of the crime of money laundering still needs to prove the subjective intentional elements.For the behavior of "other money laundering",the high probability standard of "possible knowledge" can be used as the proof standard of the doer to the target of the behavior,i.e.the income and income of the upstream crime.However,"self-money laundering" does not need to prove the understanding of upstream criminal gains and proceeds.The proof of its subjective elements needs to judge whether the doer can realize that his behavior can cover up and conceal the source and nature of criminal gains based on his objective behavior.In the objective aspect,it further clarifies the scope of the crime object,namely "crime income",and specifically analyzes the identification of smuggling crime and crime related to crime of crime and terrorism.In the analysis of the number of crimes related to upstream crimes,according to the types of infringement of legal interests,"self-money laundering" is divided into property transfer self-money laundering and property conversion self-money laundering.For property conversion self-money laundering,and several upstream crimes are punished together.Finally,the relationship between Article 191,Article 312 and Article 349 is further clarified.