On Money Laundering Crime In Chinese Criminal Law And The Legislative Improvement

Money Laundering activities are great public hazards in international community. In order to attack and prevent from them in effect, many countries made criminal stipulations respectively. According Article 191 of Chinese criminal law, one should be given penalty if he intentionally launders illegal income from drug-related crimes or from crimes committed by mafias, terrorists or smugglers.The object of money laundering crime in Chinese criminal law includes the normal order of national finance management and normal activity of the judicial authority. The target of the crime is limited in the illegal income from drug-related crimes or from crimes committed by mafias, terrorists or smugglers. This crime is made by a behavior, not by a result. The subject of the crime is a general one, including natural person and unit, except for the subject of the original crimes of the crime. The subjective aspect of the crime is shown as on direct purpose, not on indirect purpose or negligence.There are obvious defects in legislating the crime. First, the range of the target is too narrow; second, Article 191 excludes the situation of money laundering on indirect purpose; Third, Article 191 lacks the negligence regulation. To overcome the legislative defects, the author suggests that the legislature take the illegal income from all the crimes as the target of money laundering crime, then remove the provision on criminal purpose in Article 191 and introduce the negligence regulation into Article 191 with some condition.