Study On The Legislation Of The Crime Of Money Laundering

In recent years, in the world scope with drugs, smuggling and other crimes havebecome increasingly rampant, the crime of money laundering in the international anddomestic criminal law rapid change and development has become the unique legalphenomenon in criminal law field in recent decades, and the development andconvergence of the act legislation has played an active role in promoting.Since additional money laundering criminal law in our country, because restrictedby social, economic situation at that time, even if the "criminal law amendment (six)modified to money laundering legislation, there are still many defects, can not goodinhibiting growing money laundering crime. In order to change this situation, the authorthrough the analysis thinks: first, in the existing criminal law about the scope ofupstream crime of money laundering is too narrow, the scope of upstream crime setlargely in response to crime beforehand gauge control is of great significance.Obviously the scope of upstream crime is too narrow, has seriously deviated from thepurpose of effectively crack down on the crime of money laundering. Second, native tothe prisoners were excluded from the criminal main body, can’t adapt to the needs oftoday’s society to crack down on the crime of money laundering. To effectively fightagainst money laundering crime, law set should be responded. Third, the subjectiveaspect of the crime of money laundering, to "knowingly" high degree requirements,making judicial authority in practice tend to lack the corresponding evidence, leading tomany money laundering cannot be convicted and punished for money laundering crimes.Fourth, objective expression of the crime of laundering provisions is too little, leavingmany money laundering cannot be handled as a part of money laundering crime. Fifth,on the punishment of the crime of laundering is,"if the circumstances are serious lackof clearly defined," the judge discretion is too large, easy to cause judicial corruption.Sixth, principal punishments of freedom penalty set low, supplementary punishments inthe fine punishment is too low, far short of the eradication of the material basis for thecriminals to make orientation.To correct and compensate the money laundering crime legislation flaw, the authorwill perfect our country criminal legislation on the money laundering crime,international treaties and foreign domestic legislation under a great background, usingcomparative analysis method is the method of using the world solve the problem ofChina, based on respect for international law obligations, combined with someinternational and foreign legislation experience, put forward the following Suggestions:first, to expand the scope of upstream crime of money laundering crime. This is due tostrong the punishment of the needs of the increasingly serious money laundering crimeat the same time, also reflects China as a responsible great power necessary to theinternational anti-money laundering cooperation obligations; Second, join in the subjectof money laundering "native", is in thinking about the judicial resources of our countryand under the premise of judicial practice, the types, correlation, the operability of thenative this committed to join to the crime main body; Third, use "knowingly or know"instead of the original money laundering crime subjective aspect of "knowing", morecan reflect in the general provisions of criminal law of China "legality" principle; Fourth, expand money laundering behavior patterns of behavior. Due to today’s moneylaundering way constantly innovation, we should maintain the stability of the criminallaw at the same time, also want to keep up with the need of the current situation againstmoney laundering crime increase money laundering behavior. Fifth, clear moneylaundering "if the circumstances are serious" situation. Sixth, in criminal punishment,general maximum sentence to life imprisonment, and confiscation of property penalty inthe supplementary punishments. Criminal law in order to achieve general preventivepurposes.