Research On The Judicial Recognition Of "Self-money Laundering"

In the context of domestic top-level design and international external pressure,as well as the need to build a national security system,the Amendment to the Criminal Law(XI)deleted the words "knowingly" and "assisting" and made "self-laundering" a separate crime.The criminalization of "self-money laundering" was made independent.After the criminalization of "self-laundering",the judicial effect is obvious,but there are a series of problems in the application of judicial practice in terms of the understanding and application of the new money laundering crime,the demarcation between the crime of money laundering and its predicate crimes,the treatment of the number of crimes,and the relationship between the crime of money laundering and traditional crimes of stolen goods.This thesis adopts the methods of literature analysis and case study,and puts forward the suggestions of updating the normative basis of criminal governance,exploring a new model of graded governance of money laundering crimes,and unifying judicial standards to solve the above problems,hoping to promote the development of judicial determination of "self-laundering" and help to properly solve the difficult problems of judicial determination.The introductory section introduces the origin of the study and the significance of the criminalization of "self-laundering",searches the literature related to the judicial recognition of "self-laundering",compares the background and theoretical basis of the criminalization of "self-laundering",and summarizes the research results of domestic and foreign scholars.Chapter Ⅱ Transferring criminal proceeds through fraudulent credit cards constitutes "self-money laundering",introducing the perspective of "self-money laundering",retrieving cases related to "self-money laundering",summarizing and sorting out judgment documents,analyzing the characteristics of "self-money laundering" in trial practice,and summarizing the problems existing in the judicial application of "self-money laundering" from the two levels of conviction and sentencing.Chapter Ⅲ provides a detailed analysis of the conviction of the crime of money laundering constituted by "self-money laundering",mainly from the two aspects of the basis for conviction and judicial determination.It denies the theory of unpunishable ex post facto and non-expectancy possibility,and expounds the necessity of criminalizing "self-money laundering".Explain the deletion of the words "assist" and "knowing" in the Criminal Law Amendment(11),and analyze the application of crimes in the case of competing legal provisions.At the same time,objective behavior,subjective intention,"self-money laundering" and traditional stolen property crime are analyzed to determine the criminalization boundary.Chapter Ⅳ analyzes the sentencing aspects of "self-money laundering" constituting the crime of money laundering,grasps the principle of balance between crimes and punishments,and analyzes the judicial application of "self-money laundering" from the two levels of statutory sentencing circumstances and discretionary sentencing circumstances.Based on the previous analysis,Chapter 5 correctly understands and properly understands the relevant legal provisions of "self-money laundering",and provides specific suggestions on the judicial application of "self-money laundering" as a crime of money laundering,the determination of the number of crimes combined with the nature of the disposal of stolen funds,and the exploration of new models of hierarchical governance.