Research On The Subjective Of The Crime Of Money Laundering

With the increasingly close economic exchanges between countries,and the rapiddevelopment of world economic integration,there has been a growing number of thecrime of money laundering,which has seriously affected the normal economic order ininternational society and has a new challenge to the establishment of the national legalsystem.In our country,the crime of money laundering was first clearly established in1997,and then,it has been modified through the criminal law amendment forimproving the contents of the crime of money laundering.However,compared with therelevant legislation of other countries,our law still obviously lag behind,which stillcan not effectively punish and prevent the crime, there is the lack of legislation.According to our country’s criminal law,it has serious differences understandingof the subjective of the crime between the field of criminal law theory and judicialpractice,and there are different theories.The subjective of the crime whether to includethe doer of the upstream crimes and the doer of the upstream crimes whether toinclude only the seven categories of crime in the criminal law,which has failed toreach a unified view in the world.Therefore, it is necessary to make the discussion ofthe above different view in order to further improve the provisions of the subjective ofmoney laundering crime.Learn from the legislative experience of advanced countriesand regions,combine to the social situation of judicial assistance betweencountries,accord to the expanded tendency of the subjective of the crime in theworldwide and consider to strengthen international criminal judicial cooperation,ourcountry must conform to the development trend of money laundering crime,and takeactive measures to expand the subjective of money laundering crime with all sectorsof society,so as to include the doer of the upstream crimes in legislation,at least injudicial practice,and extend the scope of the upstream crime to all crimes which canobtain illegal income.Only to improve the specific provisions of the money launderingcrime,and expand the subjective scope of the crime,which can further strengthen thecooperation between countries on cross-border crime and can be effective inpreventing and combating international crime,in order to maintain the internationalsociety order stability.