Research On The Judicial Application Of Money Laundering Crim

Under the background of rapid economic development,The crime of money laundering set out in Article 191 of Chinese criminal law is characterized by specialization of the profession,diversification of implementation fields,multi-channel approaches and internationalization of scope.It not only causes increasing social harm,seriously disrupts the current stable financial order and affects the operation of normal judicial procedures,It has also caused serious damage to international and domestic social relations.Based on this,the research and analysis of the judicial application process of money laundering crime has certain practical significance.This paper takes 375 criminal judgments of the crime of money laundering from 2011 to 2021 as the research object,analysis of the judicial status quo of money laundering crime,analysis of judicial problems of money laundering crime and raised problems and corresponding suggestions for improvement.The text is arranged as follows:The first part introduces the concept,legislation and basic characteristics of money laundering crime,including the derivation of criminal activities,the specificity of criminal objects and the concealment of criminal means.The second part uses empirical research.Firstly,organising and taking into account the geographical and annual breakdown of the current situation in the decision-making of money laundering offences in Chinese case-law and the applicable share in wider money laundering cases;Secondly,in the form of charts and tables,it shows the identification of the object,upstream crime,self money laundering and subjective knowledge of the crime of money laundering in practice;Finally,the application of the main damage and additional penalty to the money laundering offence shall be sorted and analysed.On the basis of the above three aspects,this document presents the main situation of the judicial implementation of the money laundering crime,which lays a practical foundation for the following writing.The third part presents problems based on complex analysis of the current situation as regards the application of the money laundering offence,including low application rates,unclear fighting effect,identification of the duality of the violated object,narrow scope of crime,judicial detection of self-money laundering,the easy divergence of subjective knowledge presumption and the non-standard application of penalty,which are described in detail.The fourth part proposes,on a one-by-one basis,improvements to the degree of application of the money laundering offence,This paper analyzes the objective aspects,subjective understanding and problems encountered in practice of the crime of money laundering,in order to provide reference for the judicial application of the crime of money laundering.