A Discussion On The Ranges Of Upper Crime Of Money Laundering

Money laundering is a serious International crime, which has become a threat to the whole society. Therefore, the international community and all countries pay much attention to the establishment of the anti- money laundering law system, especially the construction and perfection of the anti- money laundering criminal legislation, in order to counterattack the money laundering activities and then limit the developments of its"upper crimes", finally kill the lifeline of criminal organizations.China is the contraction country in a series of anti-money laundering international conventions, and our country made it a criminal name in the criminal law (1997) in order to better fulfill our international obligations. But since it comes into being, it was not until 2004 that the first case convicted"money laundering"appears. It indicates that some of the provisions of Criminal Law get adrift of the reality. As a result, it is hard for"money laundering"to apply in the judicatory practices. Our government signed United Nations Convention against Transnational Organized Crimes and United Nations Convention against Corruption in Dec 25, 2000 and Dec 10, 2003 separately. In 2006, the ranges of upper crime had been enlarged in Amendments to the Criminal Law (6th), but still relatively narrow, which holds a big distance from the assigned international conventions.The upper crime, prescribed by law, means the specific activities that can produce or get the profits to be cleaned and then become the objects of the money laundering. This essay attempts to demonstrate the upper crime ranges of money laundering from the angel of comparative study and have a relatively full analysis of its theory and practice significance. It concludes four parts, in total fourteen thousands words.The first part is the summary of money laundering and its upper crime. It begins with the origin of money laundering and development of the anti- money laundering legislature in China. Then I explain the concept of upper crime of money laundering and finally demonstrate the boundary between upper crimes of money laundering and the common crimes of money laundering.The second part is the legislative pattern of upper crime of money laundering. This part starts with the classification of upper crimes of money laundering, including enumeration and open modes. The stipulations in some classic countries are introduced, mainly aiming at Continental countries for example: Germany,French,Italy and Japan, while as for the America and England, not so amply.The third part is the stipulation in our criminal law on upper crime of money laundering. In this part, I analyze the seven kinds of upper crimes of money laundering in detail——Drug-related crimes, gangster Dom crimes, terrorist crimes, smuggling crimes, corruption crimes, destroying the order of finance management, financial dupery, all of which can be the object of upper crimes of money laundering. I make my own judgment and give my reasons for some dissensions such as whether holding drugs illegally,forcing others to hit the pipe and hiding up for drug criminals can be the object of upper crime of money laundering, the scope of terrorist crimes in upper crimes of money laundering, embezzling money owned by the country can be included in the upper crimes of money laundering.The forth part is necessity of enlarging the ranges of upper crime of money laundering. First, I illuminate the positive significance of Amendments to the Criminal Law (6th), which enlarges the ranges of upper crime of money laundering. It is necessary to widen the scopes either from the aspect of the need to beat the upper crimes and judicial practices or from the trend to cater for the development of the international anti—money laundering .And then I bring forward the legislative perfection. At last, I put forward my own opinion that the ranges of upper crime of money laundering should be enlarged with the following limits: the ranges of upper crimes of money laundering must be limited in the crimes that can bring about illegal profits. As for the specific criminal stipulations, non-limited enumerated mode can be used to enlarge the upper crimes of money laundering, referring to the producing or selling inferior commodities crimes,imperil tax levy crimes, and"other serious crimes"should be used to conclude any undefined crimes .