Study On Self-laundering Type Of Money Laundering Crime

While the world economy is developing and countries are developing their domestic economies and strengthening international economic exchanges,money laundering by criminals hiding under huge transactions has become more rampant and specialized money laundering groups have emerged,whose members work closely together and have a clear division of labor,making money laundering crimes increasingly serious.Money laundering is extremely harmful,and the uncontrollable flow of large amounts of property caused by it affects not only the security of transactions between market players,but also the financial security of the country.In the face of such a situation,and also under the circumstances that the Criminal Law Amendment(XI)has further amended the crime of money laundering,it is extremely important to further strengthen the study of the crime of money laundering.Firstly,This article by examining the legislative process of money laundering crimes at home and abroad,argues that as the social harm caused by money laundering acts becomes more and more serious,both domestic and other countries have regulated the money laundering acts committed by perpetrators by actively enacting legislative regulations specifically for money laundering acts,and in the process,the scope of the predicate crime of money laundering has been expanded in order to make the crime of money laundering more widely In the process,the range of predicate offences for money laundering has been expanded,with a view to making it more widely applicable.At the same time,countries have also imposed more obligations and responsibilities on financial institutions and specific non-financial institutions by means of laws to stop the spread of money laundering crimes by strengthening supervision in order to maintain the orderly flow of assets in the market,cut off the economic sources of criminal organizations and ensure social stability.The crime of money laundering was born out of the traditional crime of stolen goods,and at the beginning of the establishment of the crime of money laundering in1997,it was divided into the crime of disrupting the order of financial management.Tracing the historical evolution of the crime of money laundering and interpreting the arrangement of its body in the criminal law,there are controversies among scholars on the protection legal interest of the crime of money laundering with single object,complex object,multiple object,and uncertain object.After summarizing and analyzing the views of scholars,the author believes that the legal interest of the crime of money laundering should be the financial management order and the normal activities of judicial organs.After determining the legal interests protected by the crime of money laundering,it is believed that the connotation and extension of the legal interests protected by the crime of self-laundering are consistent with the legal interests protected by the crime of money laundering,therefore,the legal interests protected by the crime of self-laundering should also be the order of financial management and the normal activities of the judicial organs.By examining the concept of "money laundering" in international treaties and international organizations,we believe that money laundering is the act of criminals disguising the source and attributes of illegal proceeds and their proceeds by various means.Referring to the definition of money laundering in China’s Anti-Money Laundering Law,we define the concept of "self-laundering" in China according to Article 191 of the Criminal Law of China,and define "self-laundering" as the act of committing seven types of predicate crimes by using financial means The act of "selflaundering" is defined as the act of disguising or concealing the source and nature of the proceeds of crime and its proceeds by financial or non-financial means.At the same time,based on the behavior and characteristics of the perpetrators of self-money laundering,it is considered that the act of "self-money laundering" is characterized by the specificity of the subject of the act,disintermediation,low cost,technology and high technology,concealment and unfavorable supervision.After clarifying the concept and characteristics of self-money laundering,under the guidance of legal provisions and the protection of self-money laundering crimes,self-money laundering is divided into financial and non-financial behavior types according to the different behavior patterns of the perpetrators.In addition,this paper also distinguishes the crime of "self-laundering" from Articles 348 and 312 of the Criminal Law.The crime of "self-laundering" is distinguished from the crime of disguising or concealing the proceeds of crime or the proceeds of crime from the perspective of the object of crime,the mode of conduct,the purpose of legislation and the purpose of crime.The crime of "self-laundering" is distinguished from the crime of concealing,transferring or concealing drugs or drug offenses in terms of the main object,manner of conduct,object of conduct,subject of conduct,and subjective aspects.