Discussion On Judicial Application Of Money Laundering Crime In China

With the increasingly rampant criminal activities of money laundering and the complicated and diversified ways of money laundering,the incompatibility between the provisions of Article 191 of China’s Criminal Law on money laundering and judicial practice has gradually become prominent,and many problems have been exposed in legislation and justice.In order to promote the construction of China’s anti-money laundering system,Article 14 of the Criminal Law Amendment(XI)amended the crime of money laundering,which effectively responded to the shortcomings of the crime of money laundering in legislation and judicature.The amendment of the legislation of money laundering crime will also bring new development direction to the judicature of money laundering crime.This paper mainly launches from the following three parts:The first part,the current situation and problems of judicial application of money laundering crime.Through the introduction of cases,comparing the different application results before and after the amendment of money laundering crime,this paper leads to the difficulties in the application of money laundering crime in China before the legislative amendment,including abnormally low judicial application rate of money laundering crime,a large number of self-money laundering acts can not constitute a crime,and the punishment of money laundering crime is relatively light.In the second part,the author interprets the revised contents of Article 14 of the Criminal Law Amendment(11),correctly evaluates the significance and challenges of this amendment to the judicial application of money laundering crime in China,and correctly understands the reasons for the amendment of the law,which is the basic premise for the application of money laundering crime,and is of great significance for improving the judicial weakness of money laundering crime in China.The third part puts forward personal legislative suggestions for the legislative disputes that still exist after the amendment of money laundering crime,including expanding the upstream crime,adding qualification punishment and changing the fine system;For the new challenges raised in the application process,according to the systematic interpretation of the criminal law,the possible problems such as the number of perpetrators’ crimes are correctly applied,followed up in time through judicial interpretation,and the presumption rules are reasonably used to improve the weak judicial situation of money laundering crimes in China.