On The Conviction Of Self-Money Laundering In International Anti-Money Laundering Activities In China

Since 2014,China's anti-corruption struggle has kicked off.The Chinese Ministry of Public Security has launched a series of“Foxing Fox”special campaigns and has announced various lists of Red Cross,making the pursuit of foreign affairs the focus of national work.In China,there are currently 4,000 to 18,000 people fleeing from corruption,and the criminal proceeds from outflows are about 800 billion yuan,which is a huge amount.In the process of overseas pursuit,the issue of anti-money laundering is particularly prominent.The“self-money laundering”conviction issue has brought about great difficulties to the pursuit of overseas flights.The theory of criminal law and judicial practice in China are affected by the theory of non-punishable post-action behavior.They believe that”self-laundering money" cannot be convicted on its own,that is,the perpetrators of crimes of money laundering before the crime of money laundering cannot be the subject of money laundering offences.This practice is not conducive to the current pursuit of the pursuit of fugitives.Therefore,this paper attempts to analyze the reason why"self-laundering money" should be convicted separately,and combines the analysis of the "self-laundering money" conviction to put forward proposals for China's anti-money laundering work.This article is divided into four chapters.“Self-laundering”is still essentially a problem of money laundering.Therefore,the first chapter is mainly from the international to the domestic,introducing the evolution of the legislation on money laundering in the United States,Germany,and China,and drawing the commonalities in the legislation on money laundering in the three countries.The first is the crime of money laundering.The scope of crimes in the upper reaches of the country has continued to expand.The range of crimes committed by the three countries in the crime of money laundering has experienced a gradual process of expansion.Second,the main body of money laundering crimes and the main body of anti-money laundering obligations have continued to expand.This provides a framework for the conviction of "self-laundering money" later in this article.The second chapter mainly introduces the different theories of "self-money laundering" in China's criminal law community.According to the current view of criminal law scholars,whether the“self-laundering money”behavior can be convicted as a crime of money laundering,that is,whether the upstream criminal actor can be the subject of money laundering crimes,and there are mainly two viewpoints:“affirmative”and“negative”."Negative" said that the main body of the crime of money laundering does not include“self-money laundering”actor,and that money laundering is just a sentencing circumstance,and that the punishment should be given priority."Surely say" thinks that”self-laundering money" should be convicted separately as a crime of money laundering,but its theoretical basis is different.The first is to admit that money laundering is an act that cannot be punished.However,it negates the necessity of the existence of this system.The second is to admit that it cannot be punished.However,it believes that self-money-laundering does not infringe upon new legal interests and cannot be predilated by criminals.Full evaluation.The third is to take a balanced view of crime and punishment,and believe that only by conviction of "self-laundering money" can the crime and punishment be adapted.From this it can be seen that the focus of different doctrines of controversy focuses on the constitutive requirements of non-punishable acts,the expression of criminal law provisions and the adaptation of crimes.The content of the third chapter is mainly based on the three focuses of the controversy in the aforesaid theoretical circles.Firstly,"self-laundering money" does not meet the constitutive requirements of unpunishable afterthoughts,especially from the point of view of the infringement of legal interests,because money laundering crimes have an independent legal infringement and infringe on the stability of the financial management order,so they are not in compliance with the post-event behavior.The requirements for the infringement of the independent law.Second,the expression of the criminal law provisions does not completely rule out the possibility that the upstream criminal actor is the subject of money laundering.The third "self-laundering money" behavior conviction alone can meet the crime.Therefore,”self-laundering" behavior should be convicted separately.The fourth chapter is based on the analysis of the full text,combined with FTAF's "Forty Recommendations" to provide specific recommendations for China's anti-money laundering work:First,in the future legislation on money-laundering offences,China should gradually expand the range of predicate crimes..Secondly,the main body of the crime of money laundering should include the criminal offenders of the upstream crime.Furthermore,China should establish a more comprehensive anti-money laundering assessment system and clarify the anti-money laundering obligations of non-financial institutions.