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针对严重的洗钱活动,我国已在刑罚方面做出相应的立法反应,可是我国极低的洗钱判决数量与严峻的洗钱态势形成了鲜明的反差。因此,需要审视我国洗钱罪的法定刑设置。调整洗钱罪在我国刑法分则中的体例之设想,虽然可以在立法技术上降低洗钱罪的法定最高刑,但在一定程度上打破了洗钱罪与掩饰、隐瞒犯罪所得、犯罪所得利益罪之间的立法旨趣和逻辑联系。目前更为现实和可行的法律对策是审视刑罚与遏制洗钱的互动关系,充分发挥刑罚遏制洗钱的作用,同时严密反洗钱的刑事法网。
In response to the serious money-laundering activities, China has already made corresponding legislative responses to the criminal penalties. However, the extremely low number of money-laundering decisions in our country is in stark contrast to the serious situation of money-laundering. Therefore, we need to examine the setting of legal punishment for the crime of money laundering in our country. The idea of adjusting the crime of money laundering in the rules of criminal law in our country can break the statutory maximum penalty for the crime of money laundering in the legislative and technical aspects, but to a certain extent, break the gap between the crime of money laundering and concealing, concealing the crime and the crime of crime The legislative purpose and logical connection. At present, the more realistic and feasible legal countermeasure is to examine the interactive relationship between punishment and deterring money laundering, give full play to the role of punishment in deterring money laundering, and at the same time, strictly enforce the criminal law on money-laundering.