A Preliminary Discussion Of The Crime Of Money Laundering In The Criminal Law Of ChINA

The purpose of the criminal law in 1997 designing the crime of money laundering, which is to punish effectively crimes of money laundering and protect the finance security of our country better. According to the prescription of the third amendment bill in criminal law of the People's Republic of China, the crime of money laundering points to know clearly illegal gains or incomes being from illegal gains, which are from drug crimes, organized criminal gang crimes, smuggle crimes or terrorism crimes, and enforce behaviors of glossing over or concealing the origin and quality of illegal gains in forms of methods. Designing the crime of money laundering that gives a negative evaluation of value to behaviors of money laundering from the criminal legislation. However, crimes of money laundering are complex and various in the realistic life. If the legislation isn't updated properly, the accurate determination and application to the crime of money laundering is influenced in judicial practice. Therefore, the article applies the methods of theory and practice to study preliminarily the disputed legislative problems and perfect of legislation in the crime of money laundering. The article regards the prescription of section 191 in the current criminal law to the crime of money laundering as a starting point, and compares three essentials such as objectivity, subject and subjectivity in the crime of money laundering with the international convention in adopting these comparative, adducing example and comprehensive analysis methods. Objective essential special compares both object and behavior with it. Subject essential special compares the nature man and the unit with it. Subjective essential special compares criminal intention with it. After comparing three essentials in the crime of money laundering with the international convention, to find the crime of money laundering in our country is a single crime, not a comprehensive crime. The contents such as the limits of "upstream crimes", the mode of behaviors of money laundering and the category of subjective intention in crime of money laundering are narrow than the international convention. Therefore, the legislation concerning the crime of money laundering in our country, which is still needed continue to perfect in the future. According to the current condition of crimes of money laundering developing, the article refers to some legislative experiences in the international Convention in order to provide several unripe suggestions for the concrete legislation. The article suggests that the behaviors of laundering bribery and corruption gains are belonged to the crime of money laundering, to increase the mode of section 191 in the current criminal law to prescribe the behaviors of money laundering, to enlarge the subject in the crime of money laundering to "upstream crimes", to reconstruct subjective essential in the crime of money laundering in order to accept the indirect intention.