The Perfection Of Chinese Criminal Legislation Of Money Laundering

As a way of covering up or concealing the nature or source of the illegally obtained proceeds and the gains and legalized them apparently, the crime of money laundering has come into being and spread gradually. It has done great harm to the order of financial administration and judicial practice. Attached important to money laundering, the Anti-launder Money Laundering Act is launching, but it is the administrative law in order to supervise and guard against money laundering. Facing such a spreading crime, in judicial practice we could not deal with the crime very well because of the Criminal Constitute. It is important to perfect the criminal legislation about money laundering, in order to act in accord with the law of anti-launder money. In this paper, this author analyses and studies the problems in the legislation of money laundering from four aspects with the of the First Case of Money Laundering in china, according to the theory of Chinese criminal law and the foreign legislation.In the first part, this author introduces the First Case of Money Laundering in china and analyses the focus on the case by the numbers, according to Criminal Law.The second part is the case analysis and thought. In judicial practice, the activities of money laundering pound the criminal constitution of Chinese criminal legislation seriously. The conditions cause that many offenders committed a crime of money laundering cannot be punished according to the principle of penalty according to law. Therefore, the theory of the criminal constitution of money laundering must be studied and thought over again. In this part, this author analyses the criminal constitution of money laundering crime and the disfigurement and give the definition of money laundering.In the third part, the problems of perfection about money laundering are discussed. This author analyses and studies the criminal constitution and the system of penalty on money laundering according to the theory of Chinese Criminal Code and how it will be in future. Consequently, this author brings forward his own perfect suggestions. In detail, the object of money laundering is the normal campaign of judiciary; Objective behavior must embody the feature of criminal action; The subject includes the natural person and legal person of upstream crime. Criminal subjective components conclude intention and negligence.In the fourth part, the imputation of money laundering is constructed newly. According as above analysis, this author considers that money laundering should include two imputations: money laundering crime and financial supervision personnel major malpractice crime.