Research On Issues Of Money Laundering Crime In China

Money laundering crime is a derivative crime caused by "predicate crime". Money laundering starts with a crime and ends with another crime. Issues of crime, responsibility and punishment caused by money laundering crime and its "predicate crime" have always been the difficult questions among legal experts and judicial officers. Based on interpretive theory, this paper focuses on money laundering crime under Article 191 of Criminal Law and explores three controversial issues, namely the punishable possibility of actors of predicate crime, the scope of predicate crime of money laundering crime, and the issue of"one crime and plural crimes", in order to correctly convict crimes related with money laundering.This paper is divided into four parts. The first part is an overview for money laundering crime. The author reveals the exact concepts of money laundering, money laundering offence, money laundering crime and mutual relations between them. Then, the author introduces the criminal legislative history of money laundering crime in ChinaIn the second part, the punishable possibility of actors of predicate crime is discussed. This issue is the premise to solve other related problems in this paper, therefore, the author lists it out and explores it a lot. The author starts with the theory of the unpunishable after-event act, reviews the theory of"incorporate offense", then clarifies the definition of"intention"and five types of actions listed in Article 191 of Criminal Law on money laundering crime, and explores the issue with the method of economic analysis and then the author comes to conclude: the nature and the object of money laundering crime show that the damage to society is not dependent on predicate crime, while it is a relatively independent crime; the deny of the punishable possibility of actors of predicate crime will lead to the destruction of balance between crime, responsibility and punishment.In the third part, the author tries to clearly define the scope of seven types of predicate crimes listed in Article 191 of Criminal Law. In addition, the author tries to answer questions whether the trend of gradually expanding of predicate crime is against justice of criminal law and whether this trend leads to the increase of the social and economic cost.The fourth part is about the theory of"one crime and plural crimes"of money laundering crime. The author deeply explores the relation between money laundering crime and joint offence of predicate crime, and the coincidence of actions between money laundering crime and"predicate crime". At last, the author suggests that it is better to take into account all issues, such as crime, responsibility, punishment, in line with specific circumstances for correct convicting and sentencing.