Research On Anti-money Laundering Criminal Legislation Of China

Economic development gave rise to the economic crime. Money Laundering Crime, as one of the economic crime, is not only against the country’s financial management order, but also hindered the healthy development of China’s socialist economic order. We needed to attack this kind of crime. Over all, the number of money-laundering crime was increasing year by year. Based on the volume of underground banking statistics, there are at least 200 billion were washed every year. In order to attack the money-laundering crime, we must to improve the criminal legislation about money-laundering. Currently, China has paid a lot of importance on the money-laundering, the amendments and the introduction of "Money Laundering Law" showed the determination to crack down on money-laundering offenses. But, compared with the international conventions, there are still a lot of legal loopholes. FATF provided the China’s legislation as " basic qualification", which means we are still on the road. In order to continue the development of our own, we need to try our best to repair the legislation, build the systems to curb the money-laundering crime.Since the Criminal Law of 1997, we have experienced two amendments, forming the norms of criminal legislation with Chinese Characteristics, but there are still a lot of shortcomings. This paper put forward suggestions to improve the form of anti-money laundering through the analysis of the domestic and international money laundering. The first part of the paper introduced the basic situation of money-laundering, through showing the basic offenses to show the needs of improving. The second part analysis the defect-related legislation, mainly the main crime was too narrow, difficult to prove the purpose of the elements, too single form of sin, lack of criminal behavior in the form, the type of predicate offenses is too small, the penalty imbalance penalties, criminal jurisdictional loopholes, confiscation measures to implement the suffering. The third part of the paper spilt the analysis, integrate and analysis the main domestic and international crime related crime subjective aspect, criminal behavior, the type of predicate offenses, criminal penalties, criminal jurisdiction of a series of measures, providing a wealth of theoretical and practical guidance to the following legislation. The fourth part of the defect on the criminal aspects of anti-money laundering legislation in the subject of crime, crime subjective aspect, criminal behavior, the type of predicate offenses, criminal penalties, criminal jurisdiction made perfect proposal.We will use the historical analysis to introduce the development of anti-money laundering legislation and use the comparative analysis to compare the international and china’s situation of legislation. Theory with practice, identify problems and elaborate view that theoretical study.