Research On The Crime Of Money Laundering

The Amendment(XI)to the Criminal Law partially amended this crime,thus the formulation of this crime law needs to be further studied.Since the criminalization of money laundering and the increase and modification of the ways of money laundering behavior make the crime of money laundering prone to theoretical controversies and practical confusion in practical application.In order to accurately understand and apply the law of this crime,and to deal with the new situation of the crime in practice,it is necessary to discuss the theoretical controversies and judicial practice difficulties of this crime.This article starts from the concept of the crime of money laundering and summarizes the existing differences of opinion in the academic field,and concludes that the key to the crime of money laundering is whether the proceeds of the predicate crime are "laundered".In addition,based on the similarities and differences between the current legal system of China and other civil law countries and common law countries,it is concluded that the provisions and applications of this crime and other crimes in China’s criminal legislation intersect.The amendment further expands the subjects of the money laundering crime and the manner of its conduct in line with the world trend of combating money laundering crimes.In discussing the specific composition of this crime,we will focus on defining the revised part of the law in Criminal Amendment XI.The "object of crime" part of the crime,the author through the theoretical community of different scholars doctrine,the object of the crime should have dual attributes.The "objective aspect" of this crime,first of all,the objective aspect of the newly revised law of this crime is discussed,how to understand and grasp the newly revised "payment and settlement methods","cross-border transfer of assets "Secondly,the discussion focuses on how to grasp the way of self-laundering after the deletion of "assistance" and the criteria for determining the "aggravating circumstances".In the section on "the subject of the crime",the main body of the crime of money laundering is explained in particular in relation to the upstream perpetrators.Finally,in the section of "Subjective Aspects" of the crime,the "self-money laundering" and "other money laundering" are discussed separately,taking into account the deletion of "knowingly" from the crime in Penal Amendment 11."Both of them should be intentional and do not include negligence,and self-laundering does not need to prove that the perpetrator has clear knowledge of the object of the crime.In the judicial recognition and application of this crime,the following issues should be noted: First,the crime and the non-crime.This crime is premised on the establishment of seven types of predicate criminal facts,in the proof of subjective knowledge,judicial officers need to combine the legal provisions,facts of the case,the perpetrator’s confession,etc.to be reasonably presumed and proven.Second,this crime and the other crime.The distinction between the crime of money laundering and the crime of concealing and concealing the proceeds of crime and proceeds of crime,the crime of concealing,transferring and concealing drug proceeds and the crime of illegal business operation is emphasized.Thirdly,we will discuss the application of money laundering crimes.On the one hand,the focus is on the impact of the criminalization of "self-laundering" and the deletion of "knowingly" and "assisting" on the determination of the number of crimes of this crime.If an upstream actor laundered money after the fact,the legal interest violated is not homogeneous and should be punished by adhering to several crimes.If the actor who assisted in the laundering of proceeds of crime and its proceeds did not conspire in advance and independently,it should be considered as a separate money laundering crime and should not be considered as a joint crime with the upstream actor.