A Study On The Criminal Law Model Of Self-money Laundering

In recent years,the official statistics of the huge amount of money laundering are alarming,and the rampant money laundering crime has an extremely bad impact on the international economic situation and the economic development and social stability of all countries.The Amendment(XI)to the Criminal Law criminalizes self-money laundering,which also marks a new progress in the regulation of money laundering crime in China.However,despite this,the regulation model of self-money laundering is still controversial,which is not conducive to the handling of self-money laundering crime cases in judicial practice.It is important to clarify the regulation model of self-money laundering to effectively combat self-money laundering crimes and stabilize the country’s economic development.In order to explore the regulation model of self-money laundering,we must first define the act of self-money laundering,clarify its concept,classify the act of self-money laundering by three criteria: cross-border or not,medium of money laundering,and source of funds,and summarize the characteristics of diversified means,concealed process,special subject and close connection of self-money laundering.On this basis,we will discuss the controversy of the regulation model: there are views of restriction treatment,differentiation treatment and legislative amendment on the regulation model of self-money laundering.The limitations of the restriction theory are too obvious,which will prevent a large number of self-laundering acts from being included in the scope of criminal law.In the legislative amendment theory,the different degrees of expansion of the predicate crimes in the amended money laundering theory may lead to the problem of difficulty in getting rid of the limitation or over-expansion,and restrict the application of the crime of concealing or concealing the proceeds of crime or proceeds of crime;although the differentiated treatment of the amended money laundering crime and the crime of concealing or concealing the proceeds of crime or proceeds of crime is relatively perfect,the problem is that the theory of the amended money laundering crime is not yet perfect,and it is difficult to apply it in practice.In addition to the practical difficulties of amending the crime of money laundering,the amendment of "knowingly" in the crime of concealing or concealing the proceeds of crime is not necessary.Based on the above discussion,it is most reasonable to adopt a differentiated approach to regulate self-laundering.The two crimes should be combined to determine self-money laundering,and the specific application of the two crimes should take into account both the predicate crime and the manner of money laundering,and determine which crime should be applied accordingly.In the case of self-money laundering,the crime of money laundering or the crime of concealing or concealing the proceeds or proceeds of crime should be combined with the predicate crime,and the scope of penalties should be prevented from being improperly expanded based on the determination of self-money laundering.