Disscussion On The Expansion Of Crime Of Money Laundering

The crime of money laundering has serious social harmfulness, which is widely concerned and highly valued by international organizations, countries and regions. However, with the rise in economic intercourse and the rapid development of science and technology,crime of money laundering, whose technological foundation is based on highly intelligent computer system renovates constantly on the technique of money laundering and reveals various type and international cross--border trends. This results in tracing management and control about money laundering is becoming more and more difficult. Anti-money laundering international cooperation has been launched in a wider range and the internationalization of criminal legislation on money laundering is urgent. Given all this, this article will deeply analyze the limitations of the present criminal legislation about crime of money laundering in our country and explore the necessity of further perfect, as well as absorb advanced legislative experience from international conventions or other countries and regions on crime of money laundering legislation to expand the law application scopes of the money laundry crime appropriately.The full text main body is divided into the following four parts, a total of more than 22000 words.The first part is basic elaboration about the crime of money laundering and its upstream crime. This section is a basic introduction, mainly introduces the concept of money laundering, the constitution of the crime and its characteristics, as well as states China's criminal law on the crime of money laundering provisions, the concept of upstream of money laundering crime, the characteristics of the upstream crime and expound the legislative history about crime of money laundering.The second part introduces the criminal legislation of upstream crime of money laundering abroad. The part lists "upstream crimes" in its narrow sense, medium "upstream crimes", the generalized "upstream crimes" and maximum "upstream crimes", as well as lists legislation of different countries under the definition of upstream crime of money laundering to offers references from foreign legislation.The third part discusses the necessity of the expansion of crime of money laundering. In this part, the author elaborates the necessity of expansion of money laundering crime from subject, subjective aspect, objective aspect and types of criminal penalties respectively as well as puts forward the necessity of expansion of upstream crime by comparing two completely contradictory views.The fourth part discusses the expansion of the crime of money laundering. There is a one-to-one correspondence between this part and the third one. In this part, the author elaborates the expansion of money laundering crime from subject, subjective aspect,objective aspect respectively and types of criminal penalties respectively as well as puts forward the expansion of upstream crime by setting forth the boundaries of the expansion of upstream crime and exploring specific types of upstream crime, which is available for the expansion.