On The Perfection Of The Crime Of Chinese Money Laundering

At present, research in the improvement of Money Laundering legislation at home and abroad is more, and there are many achievements. But the study is not comprehensive enough. Some of the problem has not been found, and some problems having been found are not in-depth study. The money laundering is very rampant. The international community has formed a consensus on the serious harm of the money-laundering activities. It is generally agreed that money laundering should be promoted from the domestic crime to the international crime. Criminal legislation and criminal justice cooperation of anti-money laundering should be promoted. Fight against and prevent money laundering crime in common, especially transnational crime of money laundering. Accordingly, relevant international organizations have developed a number of influential international criminal law of anti-money laundering. The international anti-money laundering criminal norms have played a positive role in model and promotion for convergence of the establishment and development of national criminal legislation of anti-money laundering. Chinese criminal law explicitly provides for the criminal acts of money laundering. And China has actively joined some anti-money laundering international conventions and international organizations. In the Money Laundering criminal legislation, some progress has been made in China, but there are still many shortcomings. Therefore, further improvement of Money Laundering legislation is imminent.In the thesis, the main research methods are comparison, empirical analysis and case analysis. In content, introduce anti-money laundering international and national criminal law briefly and do a comparative research in the first chapter, to explore current trends in the international anti-money laundering criminal legislation. Then, introduce the history of Chinese Money Laundering legislation in the Section I of Chapter II. In the Section II of Chapter II, find defects of Money Laundering legislation from the "three-dimensional point of view" that the legislation, judicial practice and the FATF's assessment. Finally, in response to these legislative shortcomings, give some advice on improvement of Money Laundering legislation in the third chapter, the main content is: The offense of the predicate offense as the main subject of Money Laundering in Article 191 of the Criminal Law should be defined; the establishment of subject of Unit in Article 349 of the Criminal Law; the abolition of "objective elements" in Money Laundering; regulation of the behavior of receiving, holding, using the proceeds of crime and its income; making the range of the proceeds of crime and its income clear; the confiscation of property of equal value; the establishment of the crime of piracy; the improvement of provisions of the terrorist crimes; the establishment of "Constitutes jurisdiction" and "The principle of the inverted burden of proof in application of confiscation measures", and so on.