Research On The Judicial Application Of Money Laundering Crime

In recent years,the number of crimes of money laundering increases year by year and becomes more serious.The means of money laundering are becoming more and more diversified,and the ways of money laundering are becoming more and more concealed.Therefore,money laundering crimes in our country and in the world have become more and more important.In the face of the rapid change of the crime of money laundering in judicial practice,the old crime of money laundering has been unable to adapt to its development,and there are many shortcomings.In particular,the development of the Internet provides a more convenient platform for criminals to launder money.On the one hand,the old standard of money laundering crime is too high,so that the judicial organs will face difficulties in obtaining evidence in the actual process of case handling,and eventually be convicted and punished as the upstream crime of money laundering crime or the crime of concealment of the criminal proceeds,which results in the abnormal phenomenon that the number of money laundering crime cases differs greatly from the actual judgment.On the other hand,our old money laundering crimes have not met the international requirements for our money laundering crimes in recent years,which makes our country also facing great pressure in the fight against anti-money laundering,which is not conducive to our implementation of international obligations and deep participation in the governance of the international financial system.It has also brought new developments for the legislation and judicature of the new money laundering crime.This paper takes the criminal judgment of money laundering crime in China Judicial Documents Network and the data of Anti-Money Laundering Report of People’s Bank of China as the research object,and collects the cases and data of money laundering crime from 2011 to 2021.Then the crime of money laundering is comprehensively analyzed.From the judicial status quo of money laundering crime,and then according to the status quo objective and detailed analysis of money laundering crime existing problems,finally according to the problems of money laundering crime,put forward reasonable improvement suggestions and measures.The specific arrangement is as follows: the first part expounds the origin and historical evolution of the crime of money laundering,as well as the article interpretation of the revised crime of money laundering,including the deletion of the subjective term "knowing",the addition of the word "paying" in the objective way of behavior,the deletion of the word "assisting" in the objective way of behavior,and the change of the fine penalty.The second part elaborates the judicial status and existing problems of the crime of money laundering.By means of statistical charts and statistical tables,the paper analyzes the distribution of the number of judgments of upstream crimes,behavioral modes and self-laundering crimes of money laundering crimes,as well as the problems existing in the crime of money laundering behind the situation,including the application rate and narrow upstream crimes,less behavioral modes,subjective knowing recognition of differences,and the newly revised self-laundering and upstream crimes in the number of crime identification.The third part elaborates the perfect suggestion on the judicial application of the crime of money laundering.Including the addition of financial institutions malfeasance crime,expansion The scope of the crime,the expansion of the mode of conduct,the establishment of differentiated subjective proof standards,and the measures of recognizing the number of money laundering crimes.