Abstract:
Purpose/Significance There are many problems in the judicial practice of the fourth party payment money laundering, such as different judgment in similar cases, which need to be sorted out the conviction logic. Design/Methodology Based on the analysis of 44 cases of money laundering by the fourth party payment, it can be found that in practice, there is a lack of standard to infer the meaning of connection between the actor and the upstream crime, the crime of aiding information network criminal activities is extended, and the number of crimes such as imaginative competition and cooperation are ignored. The above factors lead to the uneven determination of the charges of the fourth party payment money laundering. Conclusions/Findings The criminal law regulation of the fourth party payment money laundering crime should be judged by stages. Firstly, the relationship between the actor and the fourth party payment platform is analyzed in essence, and the participants of the platform and the managers are distinguished. Secondly, the relationship between the platform manager and the upstream crime is judged, and the managers who do not constitute a joint crime or narrow accomplice are discussed respectively for the crime of concealing the benefit of crime and the crime of aiding information network criminal activities. Finally, whether other crimes constituted in the process of establishing the platform are judged, and the number of crimes and combined punishment for several crimes are discused.