论自洗钱犯罪的司法适用
On the Judicial Application of the Crime of Self-Money Laundering

《刑法修正案(十一)》通过后，自洗钱犯罪正式入刑，对我国打击洗钱犯罪事业而言是机遇也是挑战。自洗钱犯罪的司法适用存在客观行为入罪边界不明、主观要件内涵模糊、上下游犯罪平衡缺位等问题。对此，应从该罪所保护的法益出发，判断各客观行为是否应入刑，寻求“为掩饰、隐瞒……的来源和性质”这一主观要件的认定路径，强化自洗钱与上游犯罪间的系统协调性。
After the passage of the 11th Amendment to the Criminal Law, the crime of money laundering has been officially criminalized, which is an opportunity and a challenge for China to fight money laundering. There are some problems in the judicial application of the crime of self-money laundering, such as the unclear boundary of the criminalization of objective acts, the ambiguity of the connotation of the subjective elements, and the lack of balance between upstream and downstream crimes. In this regard, it is necessary to judge whether each act should be criminalized based on the legal interests protected by the crime, and seek to “cover up or conceal it...source and nature”, and strengthen the systematic coordination between self-money laundering and predicate crimes.