Laundering Crime Study

Money-laundering crime is a kind of new -type crime, which derives from modern organized crimes. With economic globalization and internationalization of capital movement, money-laundering activities are becoming more and more transnational and have become the serious criminal offense, which is faced by international society and countries in the world at large. As a late starter in anti-money-laundering activities, China's criminal legislation against money-laundering crime still has much limitation. Viewing from criminal law and based on the systematic study on money-laundering crime, the paper puts forward some legal suggestion on perfection against money-laundering crime. The paper includes five parts in all: introduction, legislation survey on money-laundering crime, comparative study on money-laundering crime, the constitution of money-laundering crime and legal perfection in China and supplementary discussion.In the part of legislation survey on money-laundering crime, it sums up and includes the status quo of criminal legislation against money-laundering crime by related international organizations, main countries in the world and China. U.N. is the first international organization which took criminal legislation against money-laundering crime. Subsequently, it has made many international conventions and model documents of law concerned with money-laundering. Financial Action Task Force on Money Laundering has successively released and put forward "40+9" pieces of suggestion on anti-money-laundering and anti-financing of terrorism, which has been recognized as international standard on anti-money-laundering. E.U. has also made some regulations on money-laundering crime through international conventions. Some developed countries such as America, Britain, Germany and France etc have also made money-laundering activities be criminal at earlier time through legislation. China's Decision on the Prohibition against Narcotic Drugs has made the activities of laundering narcotic booty be criminal and the present criminallaw has established money-laundering crime with two more revision on its scope of original crimes. In the criminal law, two crimes concerned with money-laundering are remained which are "crime of harboring, transferring or covering up narcotic booty" and "the crime of harboring, transferring or purchasing booty".In the part of comparative study on money-laundering crime, it gives detailed comparison and discussion on problems of criminal law concerned with money-laundering crime from three main aspects, which are imputation of money-laundering crime, constitution of money-laundering crime and legal responsibility of money-laundering crime. Furthermore, it puts forward the point of view supported by the writer. The writer puts forward the following opinion: the money-laundering crime should be regulated as on kind of independent crime in a special chapter with certain specific crimes; The juridical person and criminals of original crimes should be recognized as the subject of money-laundering crime; the money-laundering crime includes common intentional crime and special negligent crime; as for the scope of original crime for money-laundering crime, different countries should emphasize particularly on different aspects and make different choices according to their own conditions; the object of money-laundering crime should be the property in any forms; the regulations on the means of money-laundering crime should be of generalization and comprehensiveness, and the negative action can be regulated as money-laundering crime under special conditions; the three stages of money-laundering should be made criminal; the inchoate stage of money-laundering has the theoretical validity of punishment and realistic necessity of punishment; the complicity of money-laundering crime should be punished; the confiscation scope of money-laundering crime includes criminal booty, criminal tools and the proceeds of criminal booty, and the methods of confiscation include direct confiscation, substituted confiscation and value confiscation; as for the legal property, it should take shifting the responsibility of evidence-offering.In the part of the constitution of money-laundering crime and legal perfection in China, it makes discussions from the three main aspects which are the constitution ofmoney-laundering crime, the legislation limitation on money-laundering crime and perfecting the legal plan of money-laundering crime. And it explains the reasons why the writer supports his own point of view. Based on the discussion of the constitution of money-laundering crime in China, the writer thinks that China's legislation on money-laundering crime can not completely suit the realistic needs to fight against money-laundering crime, and the criminal legislation on money-laundering crime has some conflicts with the definition on money-laundering by some anti-money-laundering regulations. Moreover, it does not go on well with the international legal responsibility undertaken by China and international legislation trend. The writer puts forward the legal plan to perfect China's money-laundering crime: adjusting the crime system and imputation of money-laundering crime; making money-laundering crime as a kind of crime and regulating it in a special chapter at least with certain specific crimes; enlarging the subject scope of money-laundering crime and affirming the subject qualification of money-laundering crime for the criminal of original crime; improving the committing forms of money-laundering crime and establishing the institutions which takes on the legal responsibility of anti-money-laundering; adding the negative money-laundering crime for the working personnel and canceling the regulations on intentional criminal of intentional money-laundering; enlarging the scope of original crime for money-laundering crime and fixing on the scope of original crime for money-laundering crime reasonably from the two aspects which are the minimal limitation on scope of original crime regulated by international convention and the status quo of fighting against money-laundering crime in China as well as the realistic needs to fight against money-laundering crime; perfecting the committing methods of money-laundering crime, and fixing the scope of money-laundering activities through referring to the international legislation experiences and taking the method of regulating the types of money-laundering activities; perfecting the legal responsibility of money-laundering crime, collocating the legal sentence of money-laundering crime reasonably, and taking strict confiscation measures on the unit and individuals who commitmoney-laundering crimes; enhancing the judicial interpretation on money-laundering crime.