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关于洗钱罪侵害的客体到底是国家金融管理秩序还是正常的司法活动在我国长期争论不休。侵害金融管理秩序说背后反映的是刑法对国家金融安全法益保护的利益诉求,但其错误之处在于未区分社会整体洗钱行为与个体洗钱行为危害之间的区别,将整体的危害性作为个体洗钱行为的入罪理由,导致刑法评价对象的错误。就侵害法益的评价标准而言,两种争论反映的是行为无价值和结果无价值之间的争议,但由于个体洗钱行为对金融安全危害的轻微性和不确定性,即使从行为无价值的视角也无法得出个体洗钱行为对金融安全的危害值得刑法介入的合理结论,洗钱犯罪侵害并值得刑法予以保护的法益只能是国家司法权。
Whether the object of money laundering crime infringes upon is the state’s financial management order or the normal judicial activities have long been debated in our country. What is behind the infringement of the order of financial management is the interest demand of the criminal law for the protection of the legal interests of the state’s financial security. However, the error lies in the difference between the overall social money laundering and the personal money laundering, and the overall harm as an individual’s money laundering The reasons for the act of guilty of misconduct, leading to the wrong object of the criminal law evaluation. As far as the criterion of evaluation of infringement on legal interests is concerned, the two debates reflect the controversy between the valuelessness of the act and the valuelessness of the result. However, due to the slightness and uncertainty of the harm caused by the money laundering by the individual to the financial safety, From the angle of view, it is impossible to draw the reasonable conclusion that personal money-laundering harm of financial security deserves to be involved in criminal law. The legal interest of money-laundering crimes that is worth protecting and protected by criminal law can only be the national judicial power.