Exploration Of Important Issues In Criminalizing Money Launderin

Before the introduction of the 1997 Criminal Law,China’s criminal law does not exist among the many crimes of the crime of money laundering,in judicial practice,the perpetrators of money laundering acts are mostly treated as ordinary stolen goods crime.However,with the development of society,the way of money laundering has become more and more complex,and the degree of harm has become higher and higher,the original crime of stolen goods is simply not enough to punish and prevent money laundering.It was not until the enactment of the Criminal Law in 1997 that this problem was solved by making the crime of money laundering a separate crime.Since then,successive amendments have been introduced to refine and improve the crime of money laundering,especially the newly adopted Amendment(XI)to the Criminal Law,which makes new provisions on the crime of money laundering,the biggest highlight of which is that not only laundering money for others constitutes the crime of money laundering,but "self-laundering" also constitutes the crime of money laundering,i.e.,the predicate offender himself The most important highlight is that not only money laundering for others,but also "self-laundering" constitutes the crime of money laundering,that is,the predicate perpetrator himself can also constitute the crime of money laundering.The criminalization of self-money laundering is a development of the traditional theory of stolen goods crime,which brings the original non-punishable act of self-money laundering into the scope of the criminal law,thus triggering new controversies.Based on the criminalization of self-laundering,this paper reflects on the theory of "non-punishable ex post facto conduct" and explores whether self-laundering is really non-punishable,and what impact the criminalization of self-laundering has on traditional stolen goods crimes.The paper is divided into four parts as follows.The first part introduces the concepts related to money laundering,the characteristics of money laundering and the legislation.The second part introduces the theoretical basis for the criminalization of self-money laundering.Through the analysis of the definition of the concept of ex post facto non-punishable acts,it is determined that self-money laundering is not an ex post facto non-punishable act from three perspectives: the infringement of legal interests,the possibility of expectation,and the requirements for the establishment of the crime,and it is necessary to criminalize self-money laundering.The third part is about the determination of self-money laundering.To accurately identify the act of self-money laundering,it is necessary to deal with the relationship between self-money laundering and the crime of stolen goods,the relationship between the act of self-money laundering and the predicate criminal act,the relationship between the act of self-money laundering and other money laundering acts,and the problem of defining the object of the act of self-money laundering.Part IV analyzes the impact of the criminalization of self-laundering on traditional stolen goods crimes,including both theoretical and judicial levels.Theoretical level analysis of the criminalization of self-money laundering does not mean that the seven types of predicate crimes other than money laundering crimes can be established after the act of stolen goods crime,from the scope of the predicate crimes of stolen goods crime and the subject of the act of stolen goods crime has not increased.The judicial level needs to clarify the new problems in the competing relationship between self-money laundering crimes and general stolen goods crimes,i.e.,the crimes of concealing and concealing the proceeds of crime and proceeds of crime under Article 312 of the Criminal Law,and special stolen goods crimes,i.e.,the crimes of concealing,transferring and concealing drugs and drug stolen goods under Article 349 of the Criminal Law,in terms of the subject and object of the crime.