宽严相济刑事政策
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壹快评︱破除“唯数额论”,洗钱罪判定要体现宽严相济原则
Di Yi Cai Jing· 2025-08-26 02:50
Core Viewpoint - The recent judicial interpretation by the Supreme People's Court and the Supreme People's Procuratorate aims to strengthen the legal framework against money laundering crimes in China, emphasizing the need for a comprehensive and nuanced approach to enforcement [1][4]. Group 1: Legal Framework and Enforcement - The new interpretation is part of a broader effort to enhance the punishment of money laundering crimes, establishing a regulatory system that aligns with China's criminal legislation and judicial practices [1]. - From 2020 to 2024, Chinese prosecutorial authorities filed 230,200 cases related to the concealment and disguise of criminal proceeds, with courts adjudicating 220,900 first-instance cases, indicating a robust advancement in anti-money laundering efforts [1]. Group 2: Criteria for Judging Criminal Behavior - The interpretation outlines that the assessment of social harm should consider various factors such as upstream and downstream relationships, subjective malice, methods of conduct, amounts involved, and consequences of the crime [2]. - It allows for the prosecution of smaller amounts of money that are closely linked to upstream crimes, while larger amounts with loose connections may not be prosecuted [2]. Group 3: Judicial Discretion and Fairness - The interpretation emphasizes the need to differentiate between various roles in the crime chain, particularly for individuals at the lower end, such as "cardholders," who may have limited control over the funds and should not be automatically prosecuted based solely on the amount involved [3]. - The principle of "knowing or should have known" is crucial in determining guilt, requiring careful examination of evidence and the individual's background to avoid wrongful convictions [4]. - The interpretation promotes a balanced approach in judicial policy, advocating for both strict punishment and educational measures to enhance social governance [4].
两高发布一批典型案例
Xin Hua She· 2025-08-26 02:33
Core Viewpoint - The Supreme People's Court and the Supreme People's Procuratorate have released typical cases to clarify the legal issues surrounding the concealment and disguise of criminal proceeds, particularly in the context of virtual currencies and large gold transactions [1][2] Group 1: Criminal Methods - Criminals are increasingly using virtual currencies and large gold transactions to conceal the origins and nature of illicit funds, leveraging blockchain technology and virtual spaces for rapid fund transfers [1] - In a specific case, defendants used a network trading platform to convert criminal proceeds into virtual currency, facilitating quick transfers to evade law enforcement [1] - The use of large gold transactions for concealing criminal proceeds has become a common method across various regions, as demonstrated in a case where a defendant knowingly assisted in such transactions [1] Group 2: Legal Proceedings and Judgments - In a case involving the purchase of stolen steel plates, the defendant was sentenced to six years in prison for knowingly acquiring goods of unknown origin at significantly below market value, resulting in illegal profits exceeding 6 million yuan [2] - The distinction between aiding information network crimes and the concealment of criminal proceeds has posed challenges in judicial proceedings, necessitating careful consideration of the defendant's knowledge and actions [2] - The release of these typical cases aims to enhance the effectiveness of handling criminal cases related to the concealment of criminal proceeds, ensuring proper application of the law [2]
2025年上半年111万余人次通过信用修复回归市场
Xin Hua Wang· 2025-07-21 13:10
Group 1 - The Supreme People's Court reported a total of 1.033 million new entries into the dishonesty list in the first half of 2025, marking a continuous decline over five consecutive quarters [1] - A total of 1.1158 million individuals successfully restored their credit status and returned to the market [1] - The court accepted 5.312 million first-instance execution cases, representing a year-on-year increase of 13.62% [1] Group 2 - The execution completion rate and execution effectiveness rate were recorded at 41.96% and 54.38%, respectively [1] - The total number of various trial execution cases accepted by courts nationwide reached 21.092 million, including 767,000 criminal cases and 13.829 million civil and commercial cases [1] - The court received 529,000 first-instance criminal cases, showing a year-on-year decrease of 10.4% [2] Group 3 - The number of intellectual property civil first-instance cases accepted by the court was 307,000, reflecting a year-on-year increase of 36.15% [1] - The court accepted 175,000 administrative first-instance cases, which is a year-on-year increase of 19.67% [2] - The court also received 106,000 non-litigation administrative behavior execution review cases, up 24.88% year-on-year [2] Group 4 - The court facilitated mediation in 2.316 million cases, with a successful mediation rate of 149.3 million cases, indicating a sustained release of dispute resolution efficiency [2]
封存轻微犯罪记录 打破制度性歧视
Jing Ji Guan Cha Bao· 2025-07-19 06:57
Core Viewpoint - The establishment of a sealing system for minor criminal records is a key reform goal aimed at enhancing human rights judicial protection in China, as outlined in the recent document by the Central Committee [1][2]. Group 1: Legal Framework - The newly revised Public Security Administration Punishment Law formally establishes the sealing system for unlawful records, ensuring that such records are not disclosed to any individual or organization, except for specific state agencies for case handling [1]. - The connection between administrative violations and minor criminal offenses is highlighted, with the Public Security Administration Punishment Law often referred to as "small criminal law," indicating a close relationship between the two legal frameworks [2]. Group 2: Social Implications - The sealing system for minor criminal records is essential to prevent lifelong societal stigma for individuals with minor offenses, which can lead to significant social and economic disadvantages for them and their families [3][4]. - The implementation of this sealing system is expected to promote a more rational public perception of minor crimes, reducing systemic discrimination and fostering a more inclusive and harmonious society [4].
“可拆卸服饰”等手办被定淫秽物品,12人获刑
Xin Jing Bao· 2025-05-06 02:27
Core Viewpoint - The recent court ruling in Shanghai highlights the necessity for emerging industries, such as the figurine market, to adhere to regulations protecting minors from inappropriate content, emphasizing that artistic creation or subcultures cannot be used as excuses to bypass these protections [1][3]. Group 1: Case Overview - The Shanghai Baoshan District Court convicted 12 individuals involved in the production and sale of pornographic figurines, with sentences ranging from four years and nine months to probation [2][5]. - The controversial figurine in question depicted a female character in a suggestive pose, which was deemed pornographic based on police assessments and testimonies from underage buyers who felt embarrassed to display it [2][6][7]. - This case is reportedly the first of its kind in China where figurines were classified as pornographic material, indicating a significant legal precedent [2][4]. Group 2: Industry Context - The figurine industry, originating from Japan, has seen a rise in popularity due to the growing "two-dimensional" culture, but some businesses have blurred the lines between this culture and soft pornography [4][18]. - As of March 2025, Dongguan, known as the "Toy Capital of China," houses over 4,000 toy manufacturers and is responsible for a significant portion of the global anime derivative products [4][5]. - Following media exposure of the pornographic figurine industry, law enforcement in various regions, including Dongguan, has intensified investigations, leading to the shutdown of several businesses involved in the production and sale of such items [4][5]. Group 3: Legal Implications - Legal experts argue that the ruling serves as a necessary supplement to existing administrative regulations, addressing gaps in oversight within the figurine industry [15][16]. - The court's decision reflects a modern shift in criminal policy, balancing strict penalties for main offenders while allowing leniency for minor participants based on their roles in the crime [15][19]. - The ruling sends a clear message that cultural creativity must not violate public morals, reinforcing the importance of protecting minors from potentially harmful content [15][19]. Group 4: Impact on Minors - A significant portion of the pornographic figurines has been found to be marketed towards minors, raising concerns about their exposure to inappropriate material [18][19]. - Experts warn that the presence of "soft pornography" in figurines can negatively influence minors' understanding of sexuality, potentially leading to harmful consequences [18][19]. - The ruling is seen as a critical step in enhancing protections for minors in the digital age, emphasizing the need for stricter regulations in the figurine industry [19].