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正确认定洗钱罪的关键必须要澄清洗钱罪与非罪的界限,一罪与数罪的界限,与其他赃物、包庇罪的界限;在处罚方面,我国刑法第191条对洗钱罪的处罚设置了两个法定刑,由此规定可以看出我国刑法对洗钱罪的处罚尽量做到有罪必罚,罚当其罪,即又打又罚,打罚相结合,重在预防的特点。同时,对立法技术上两点问题笔者谈了自己的看法。
The key to correctly identifying the crime of money-laundering must clarify the boundary between the crime of money-laundering and non-crime, the boundary between one crime and several crimes, and the boundary between the other stolen goods and the crime of harboring a crime. In punishment, Article 191 of China’s Criminal Law sets penalties for money- Two statutory sentences, which stipulates that we can see that China’s criminal penalties for money-laundering crimes try to be guilty of punishments, punish their crimes, that is, fight and punish, punish the combination of punishment, focusing on prevention characteristics. At the same time, I talk about my views on two technical issues of legislation.