洗钱罪认定中存在的问题辨析

On Some Issues in the Judicial Cognizance of Money Laundering Crime

徒法不足以自行。一部好的立法必需在实践中具有明显的可操作性并得到司法机关的认真执行才能体现其立法宗旨，而良好的执法也需依托明确的立法原理。为有效打击洗钱犯罪活动，有必要对实践中经常遇到的洗钱罪有无既遂、未遂之分，与上游犯罪的共同犯罪关系，原生罪主体继续洗钱行为的处罚，连续洗钱行为的定性，与相近犯罪的区别等问题作一分析，以指导司法实践。

A law can not carry out itself. Only by being operative in practice and being carefully implemented by judicial agencies can a good legislation show its purpose, and good law - enforcement needs to rely on specific legislative principles. In order to strike effectively the crime of money laundering and direct effectively judicial practice, it is necessary to make analyses of the issues about accomplished or attempted money laundering, its common crime relations with the predicate crime, the punishment to the main body of original crime for its continuing laundering, the decided nature of continuing money laundering, its difference from similar crimes, etc.