洗钱罪司法适用的现状审视与理性反思 - 以中国裁判文书网155篇裁判文书为样本

China's anti-money laundering legislative system includes, in a broad sense, articles 312, 191 and 349 of the criminal law. The Criminal Law Amendment (11) criminalized self-money laundering, which is a salient practice to promote international anti-money laundering cooperation guided by a holistic approach to China’s national security. However, by empirical analysis. Article 312 of the criminal law is still predominantly used while the application of these three articles tend to intersect with each other in judicial procedure. We should heed the differences between these crimes inside the scope of upstream crimes and mode of behavior. Self-money laundering and money laundering for others are both intentional, with different standards to prove a person’s guilt. Article 312 is a general provision of the other two. When a certain behavior coincides with these three provisions, the principle that the special article is superior to the general article shall apply. The relation of article 191 and article 349 is not like general law versus special law. When the two provisions coincide, the severer charge shall be approved. Since there is no stipulation requiring how much money laundered could constitute money laundering, we should adhere to the principle of necessity in criminal law. How much money laundered could constitute severer level of the crime should be balanced between the three crimes in accordance with principle of balancing the crime and its penalty, and we should reasonably identify what the number of money laundered should be punished in severer level among the three crimes. Reshape the legislative system of money laundering crime in due time, abolish article 349, and modify the statutory punishment of the other two crimes in perspective.