On The Identification Of The Crime Of Money Laundering And Its Improvement In Criminal Legislation

Because of its great dangers, the behavior of money laundering becomes a crime whichevery country in the word crack down seriously.Domestic legislations and relevantinternational conventions combat the crime of money laundering explicitly. Since1997whenchina in the penal code stipulated the crime of money laundering for the first time, therelevant legislations were improved constantly. However, compared the internationalconventions such as United Nations Convention against Trans-national Organized Crime,United Nations drug control conventions, United Nations Convention against Corruption inwhich our country takes part, the identification and punishment of crime of money launderingin our criminal law exists many imperfections. This paper mainly use the method of empiricalresearch and the method of comparing to research the identification of the crime of moneylaundering in our country as well as how to transform the provisions against the crime ofmoney laundering in the international conventions which our country takes part in to becomeour country’s criminal legal norms in order to improve the criminal law in combating thecrime of money laundering. I hope this research on the one hand can fulfill the tasks assignedby the international law. What’s more, on the other hand it can improve the identification ofthe crime of money laundering in order to protect the orders of our market economy andinternational economic orders.This paper is divided into four parts. The first part is an overview on the crime of moneylaundering studying its connotation, characteristics, status quo, its trends of development andits harms. Then simply describe the development of the tracks of domestic legislations andrelevant international conventions combating the crime of money laundering. The second partis the most important one of this paper. It firstly introduces the connotation of the crime ofmoney laundering in our country. Then it focuses on the identification of the crime of moneylaundering from four angles concluding the constitution of crime, crime and non-crime, onecrime and plural crime and the boundaries between the crime of money laundering and relatedcrimes. In the process of exploring, this paper try opening up the underlying problems in ourcriminal law and combing the relevant international conventions to find the inadequacies inthe identification. This is the fourth part of this article. At last, the fifth part give somesuggestions to improve our criminal legislation in the identification of the crime of moneylaundering from the angles of the object of crime, the objective aspect of crime, the subject ofcrime, the subjective aspect of crime.