The Research On Re-expansion Of Predicate Offenses Of Money Laundering

As the "objectivity crime" of money laundering,"upstream crime" is closely related tomoney laundering crime. If there is no preceding crime or the illegal income from the"upstream crime", money laundering will be lack of directed object, thus money launderingcrime will not exist. Once money laundering behavior completed, it excites the commit of"upstream crime". Based on the close relationship between "upstream crime" and moneylaundering crime, effectively defining the "upstream crime" has the vital significance forfighting against money laundering.However, which crime should be included in the list of "upstream crime" of moneylaundering, different country varies.《United Nations convention against corruption》，《U.N.Convention Against Transnational Organized Crime》and other international treaty expand therange of "upstream crime" of money laundering crime to the greatest degree.《The Europeananti-money laundering convention》 in1990required contracting states to make moneylaundering behavior criminalizes with more efforts, not limited to the income of moneylaundering activities on the drug crime stipulated in the United Nations anti-virus convention》in1988but to all criminal income. Although《PRC Criminal Law》is revised for many timesby the criminal law amendment, and the range of upstream crime of the money laundering hasextended to "drug crime, the gangland organization crime, smuggling crime, terrorism crime,the crimes of embezzlement and bribery, destruction of financial management order crime,financial fraud crime",compared with the legislation trend of the international anti-moneylaundering, the range of upstream crime is still narrow.At present, money laundering techniques are becoming diversified. The debate whetherto expand the range of the upstream crime is fierce. In Academic circle, there are two kinds ofviews, including the "infinite expansion" and "finite expansion". Used our country’s currentlegislation on the predicate offenses of money-laundering as the starting point, this articleexplored the legislation practice of the international conventions which our country has joinedand the relevant countries. And it discussed the evolution course of the expansion of"upstream crime" of money laundering in our country, the existing problems, and the disputeof the expansion of upstream crime on money laundering crime in the academic circle. Finally, learnt from the common practice of the International Convention and maderecommendations on improving the legislation of the predicate offense ofmoney-laundering crime in China.The innovation point of the article mainly tries to think about the specific ideas toimprove the range of upstream crime of money laundering. First, the criminal law of Chinashould be applicable to the widest range of predicate offenses of money-laundering. Secondly,the scope of upstream crime should be limited in serious crimes whose illegal income andgains achieve to a certain amount. Third, criminal law of China at the appropriate time in thefuture should abolish the legal restrictions on upstream crime, and treat all the crime incomecleaning action as money laundering crime.