Study On Criminal Legislation Of Money Laundering

As the economic crimes are inceasing in the worldwide, the money-laundering crimes are growing and spreading as follow. Because of its serious social harm, Money-laundering crime has become a worldwide pubilc hazard. To prevent and combat money-laundering crime is an important chanllenge for the whole world.In order to combat the growing money-laundering crimes, the is officially defined money laundering crime, filling the blank of the China's criminal legislation ; According to changes in the situation, 2001, 2006 NPC passed the ,, expanding the range of the upper reancheas crime. January 1, 2007, came into effect.In china, since the 1997 , the suspected money-laundering crime cases can be found everywhere, but in practice the majority of them are convicted and punished in other accusation. This situation is due to the insufficiency in the criminal legisilation.Both the subjective and objective constitutive element of money-laundering crime has its particularity.In respect of the subjective constitutive element, there are'knowing'both in the general principle and special clause. The both two'knowing'are important and indispensable parts of subjective constitutive element of money-laundering crime. Money-laundering crime is not absichtsdelikte, and indirect intent is one subjective constitution of money-laundering crime.In respect of the objective constitutive element ,'cover up'and'conceal'is the essential characteristic of money-laundering crime, money laundering is a performative crime, nonfeasance can constitute a money laundering crime in some situation.Improving the criminal legislation as the following way: expanding the upper reaches crime, defining it as "drug-related crimes, triad of organized crime, terror Criminal activities, smuggling, corruption and bribery, destruction of financial management order crime, financial fraud and other serious economic crimes';Considering the subject of upper reaches crime who commit the money-laundering crime as well as the subject of money- laundering crime; Intensifying the punishment of money laundering crime both in term of imprisonment and fines, according to the trend of international legislation and the anti-money laundering situation in China.